My friend filed for child support months ago now her boyfriend is denying their baby. She has decided she don't want to deal with any of the drama so she wants to move out of state to get a better start for her and the baby and just say screw him. My question is does she have to take her baby for a DNA test even thought she started the paperwork? Also he is not on the baby's birth certificate he left her when she told him she was pregnant and didn't see the baby or call or anything until she was about 4 months old.
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
child DNA
- Thread Starter LBrooks3
- Start date
- Status
This is a very good question. It will be more difficult to enforce child support being an out of state resident than it will be when both parties are within the state. Eventually paternity will need to be established since the alleged father did not sign the birth certificate attesting to be the child's father. With regard to him not calling, each state has different laws concerning matters of abandonment. I don't think that is in issue here.
The following is the West Virginia law concerning establishment of paternity. You can read the rest on the website of the state of West Virginia.
§48-24-101. Paternity proceedings.
(a) A civil action to establish the paternity of a child and to obtain an order of support for the child may be instituted, by verified complaint, in the family court of the county where the child resides: Provided, That if such venue creates a hardship for the parties, or either of them, or if judicial economy requires, the court may transfer the action to the county where either of the parties resides.
(b) A "paternity proceeding" is a summary proceeding, equitable in nature and within the domestic relations jurisdiction of the courts, wherein a family court upon the petition of the state or another proper party may intervene to determine and protect the respective personal rights of a child for whom paternity has not been lawfully established, of the mother of the child and of the putative father of the child. The parties to a paternity proceeding are not entitled to a trial by jury.
The following is the West Virginia law concerning establishment of paternity. You can read the rest on the website of the state of West Virginia.
§48-24-101. Paternity proceedings.
(a) A civil action to establish the paternity of a child and to obtain an order of support for the child may be instituted, by verified complaint, in the family court of the county where the child resides: Provided, That if such venue creates a hardship for the parties, or either of them, or if judicial economy requires, the court may transfer the action to the county where either of the parties resides.
(b) A "paternity proceeding" is a summary proceeding, equitable in nature and within the domestic relations jurisdiction of the courts, wherein a family court upon the petition of the state or another proper party may intervene to determine and protect the respective personal rights of a child for whom paternity has not been lawfully established, of the mother of the child and of the putative father of the child. The parties to a paternity proceeding are not entitled to a trial by jury.
- Status
Share this page
