establishing paternity...

[favaunt1]

I'm new to this so bare with me, My un-married nephew was involved with a casual friend and she ended up pregnant, with twins no less. They are both consenting adults but she assumed by getting pregnant he would stay with her. Both are at fault, but they fought non stop through out the pregnancy and the fact of my nephew being the father was in question. She insisted he was, he was hesitant in truly believing that he was. He accepted the truth that he was the father about 2 months before she delivered, his family even gave him a baby shower and he in turn gave her all the gifts and gift certificates which totalled close to $1000. She accepted the gifts and money he had given her for whatever else she needed. She gave birth to twin boys on Nov. 5, upon her mothers insistance, she did not put his name on the birth certificates as the father. His mom, my sister bought a DNA test to prove paternity but the girl and her mom would not allow my sister and my Nephew to even hold the babies. Alot of drama, He has tried endlessly to talk to her family to plead his case to be allowed to see his kids, The mother and the girl now say they want nothing to do with him. What concerns us the most now is it turns out her family has alot of major issues, we have been told by her family members that my nephew should try to get custody of the boys due to the fact the mother is unstable , she has had alot of problems with abuse and the girl has said she was molsted by the moms boyfriend and he still lives in the house. She said he molested her between the ages of 8-12 . Where do we start? Any advice is welcomed.

 

[Gail_in_Georgia]

Your nephew needs to contact an attorney to get the ball rolling in terms of establishing paternity. At this point, the law does not consider him the father of these children. Until it does, he has no legal rights to see or consider getting custody of them.

It is not always the mother who demands that paternity be established so child support can be determined. There are plenty of men who wish to support whom they consider their children but are stymied by mothers (and often the maternal grandmother) who have, on their own, decided they do not wish this man in their lives or the lives of the children involved.

Once paternity has been established, your nephew would certainly have the legal right to see his children.

The court can and will order paternity testing be done as the first step in establishing if your nephew is the father.

Gail

 

[Duranie]

Also this girl needs to go to the police if this boyfriend has molested her. Your nephew needs to get an attorney and file for paternity and visitation or custody. The girl claiming molestation is serious and she needs to be coaxed to go to the police if it is true because he likely will molest again. It is going to be very hard for the nephew to get custody he will have to prove mom is unfit. However if the girl will not cooperate then the molestation investigation likely will not go anywhere.