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negative paternity test

Discussion in 'Paternity Law & DNA Tests' started by Chris10V, Oct 25, 2015.

  1. Chris10V

    Chris10V Law Topic Starter New Member

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    Hello, I just found out that the guy who we thought was my 1 year old daughters father is not her father . he had took a home paternity test and it came back 0% . his name is not on her birth certificate she has been staying with him for about 6 months due to personal family problems. He and his family are trying to keep my daughter from me. I just want to know if I can go pick up my daughter and keep her due to the fact that he has no rights and he is not her father ?. And if they do keep her from me what can I do about it? I just want to get my daughter back .
     
  2. army judge

    army judge Super Moderator

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    Unmarried males have no parental rights unless they go to court, establish paternity, and seek visitation.

    A court is very reluctant to grant overnight visitation (or longer) with an unmarried male who has established paternity and sought court mandated visitation of infants.

    Your one year old daughter shouldn't ever been allowed out of yoru care, custody, and control as her mother.

    Yes, you should be able to go and get your child.

    The man and his family might say no.

    If that happens, you'll have to sort that messy can of dead worms in the court system.

    I don't know what would prompt a mother of an infant to allow her BABY out of her sight.

    Babies need their mothers far more as infants than they do their fathers.

    If this winds up in court, you might have some explaining to do.

    I hope you love your baby and are successful in getting her back ASAP.

    If I were you, I'd take the birth certificate and ask the police to meet you at the home of the family who have somehow kidnapped that precious little baby.

    I wish you well.
     
  3. Betty3

    Betty3 Super Moderator

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    If he is not the Father, he has no rights. You can go & get your daughter. Any problems and you will probably have to get the police and/or the court system involved.

    Good luck.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Having a police officer on hand is generally called a "civil standby." I suggest you visit the police station or precinct near your ex's location (with the birth certificate) and arrange for this in advance and not rely on 911 when the trouble inevitably starts.
     
  5. ElleMD

    ElleMD Well-Known Member

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    If you are the mother, how do you not know if he is the father? That should be dead obvious and not something which requires a test. Further, why is your child not living with you? Why would you have EVER given her to anyone else for any length of time, let alone some random guy you knew was not her father (even if he didn't know that)? This whole situation pretty much begs CPS to get involved and it does not look good for you. This is a child you are talking about, not a borrowed sweater you pass back and forth. She is a human being who apparently, has been raised by some dude her mother dropped her off with. At this point, she doesn't even know you. What is your reason for the sudden interest in your child? Have you thought about how traumatic it will be for her to be ripped from the only family she can remember and thrown into whatever "personal family problems" you have going? Are you even any better able to raise her now than you were 6 months ago when you handed her off?
     
    Disabled Vet and army judge like this.

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