Can my son's father do this?

[BrodysMom0827]

My son's father kicked my son and me out of our apartment about a month ago. My parents, who lived five hours away, came and got me and my son. He called me about a week later saying that he was sorry. So, we talked on the phone every night for a while. Well, a couple of days ago, he told me he didn't think we should be together. The next day I received a Petition to Determine Paternity and Establish a Parent-Child Relationship. First of all, his step-father is the attorney that is filing all the paperwork for him. They live in the same house, can they do that? Next, it was filed in the county he lives in. I thought that it had to be filed in the county the child lives in? Lastly, he signed an Affidavit of Paternity. Isn't that legally binding, meaning that there is no need for a paternity test?

 

[irish223]

My son's father kicked my son and me out of our apartment about a month ago. My parents, who lived five hours away, came and got me and my son. He called me about a week later saying that he was sorry. So, we talked on the phone every night for a while. Well, a couple of days ago, he told me he didn't think we should be together. The next day I received a Petition to Determine Paternity and Establish a Parent-Child Relationship. First of all, his step-father is the attorney that is filing all the paperwork for him. They live in the same house, can they do that?

Yes, they can do that.

Next, it was filed in the county he lives in. I thought that it had to be filed in the county the child lives in?

He can file in his county, but you may be able to request a change to your county. It's also possible that there are residency requirements that will determine the venue.

Lastly, he signed an Affidavit of Paternity. Isn't that legally binding, meaning that there is no need for a paternity test?

The AOP will generally establish him as the legal father; however, he can challenge the paternity if he feels he was deceived. His ability to challenge paternity may also depend on the age of the child, and whether or not he had formed a significant relationship with the child.

You should consult an attorney.