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does he have rights?

My friend may be a father to a child but the mother will not let him have a paternity the child is almost 6 years old and he really wants to know so he can be involved in the childs life but does not have alot of money for legal fees is there anything he can do to establish rights?

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Anonymous

Asked by Anonymous at 8:01 PM on Jun. 19, 2008 in School-Age Kids (5-8)

Answers (8)
  • He can always go to the welfare office in his county or state and tell them that he wants to have a paternity of a child that he thinks is his child and they will send out a court order and the mother cannot deny it. The thing is I'm not sure if he'll be charge for the test because I know if the mom goes after the dad and they take the test and it comes up that he is he pays if he isn't she pays. But he might be able to get the county to help him to get his father's rights.
    Babyduche

    Answer by Babyduche at 8:06 PM on Jun. 19, 2008

  • I know in some states there is a family law that if the biological father does nothing for the child or tries establish paternity for the first 4 years then he ceases to be the legal parent or something like that. He would have little to no case if that law stands where he is at, especially if he can't afford a good attorney. Stuff like that is hard, especially if he didn't know up until now. Good luck to him.
    Anonymous

    Answer by Anonymous at 8:15 PM on Jun. 19, 2008

  • I'd say, it all varies. It's not always true that men can get paternity tests done that way. Look at like this, a man could just pick any random woman and have her kid tested? Not always so. She may have someone else listed as the father, maybe she was married, or listed someone else for another reason. In that case, that person would have to get up paternity rights. I would tell him to research it a little. He's going to have to get a lawyer. You can't fight these battles without one. Well, where I live they won't. I hope it helps. (This is based on info from where I live, it may vary where you live)
    NomadSara

    Answer by NomadSara at 8:18 PM on Jun. 19, 2008

  • Really differs from state to state. Best he can do is go down to the family court house in the county the child resides. They have free legal reps he can talk to. They will tell him what his rights are in the state the child resides. There is in many situations that will allow for him to get it checked. Especially if mom does not have a father named on the birth certificate. Here in MN if the mother or child is on welfare, the state will cover the cost of the DNA test so that if he is the father he can assume liability for child support and some of the child's expenses.
    mnwintercritter

    Answer by mnwintercritter at 9:41 PM on Jun. 19, 2008

  • In the state I live in there is free legal advise/ attorney for the low income.Check your local phone book under community resources, in ours these are the pink pages in the front of the phone book Here is the link I found by googeling it.http://www.ptla.org/ptlasite/links/services.htm
    Legal Services Sites (Hope this helps.? Each state should have one. Parents do have rights! Good luck!
    lilmama

    Answer by lilmama at 9:44 PM on Jun. 19, 2008

  • Have him try www.dadsrights.org
    They may be able to help.
    kaycee14

    Answer by kaycee14 at 12:14 AM on Jun. 20, 2008

  • first thing is to go to probate court, and ask for the lawyer of the day, they give help to low income people. According to the law in your states. Maybe you can check it out by his state.

    hope it helps

    xioma
    Madrepor2ndavez

    Answer by Madrepor2ndavez at 1:09 AM on Jun. 20, 2008

  • ALL HE HAS TO DO IS GO TO THE FAMILY COURT IN HIS COUNTY, RIGHT AN AFFIDAVIDE OF PATERNITY, THE JUDGE WILL DO THE REST. THERE ARE NO FEES INVOLVED IF HE IS THE DAD THE JUDGE WILL ORDER ANOTHER COURT ATE TO ESTABLISH "PARENTING TIME" (WHICH IS ANOTHER WAY OF SAYING A "VISATATION SCHEDUEL")

    IT DOESN'T GET MUCH SIMPLER.
    nattyrf511

    Answer by nattyrf511 at 11:45 PM on Jun. 20, 2008

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