How to Get Proof of Paternity When Mother Rejects It

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How to Get Proof of Paternity When Mother Rejects It
How to Get Proof of Paternity When Mother Rejects It
Anonim

Establishing paternity of a child after a relationship has ended can involve discussions, negotiations, mediation, or legal action. A putative father may want to know if the child is his before establishing a relationship with the child and providing him with monthly support. There are, however, cases in which the mother refuses proof of paternity. In this article, you will find out how to get proof when the mother disagrees.

Steps

Get a Paternity Test When the Mother Refuses Step 1
Get a Paternity Test When the Mother Refuses Step 1

Step 1. Talk to the baby's mother and tell her you want to determine if you are the baby's father

  • Find out why the mother does not want to undergo, or for the child to undergo, the test.
  • Try to insist on proof of paternity if possible without going to court and requesting DNA proof.
Get a Paternity Test When the Mother Refuses Step 2
Get a Paternity Test When the Mother Refuses Step 2

Step 2. Find out what your rights are if you believe you are the child's father

  • Find out about the legal system in force regarding paternity, such as, for example, law no. 54/2006.
  • Be aware that the legal request for a paternity test does not oblige judges to request that the test be performed. In fact, they will have to determine the positions of the various parties involved and assess whether it is necessary for the mother and the child to undergo the test.
Get a Paternity Test When the Mother Refuses Step 3
Get a Paternity Test When the Mother Refuses Step 3

Step 3. Hire a lawyer

  • Tell the lawyer that you have been trying to determine if you are actually the father of the child you think is yours.
  • Let your lawyer know that what you want is to know for sure if he is your child, to schedule visiting days, establish a relationship, and pay monthly support.
Get a Paternity Test When the Mother Refuses Step 4
Get a Paternity Test When the Mother Refuses Step 4

Step 4. Ask your attorney about the laws that apply to a case like yours

  • Ask for the appropriate form to submit a legal request for proof of paternity.
  • Tell the baby's mother that you have legally requested proof. This request will aim to obtain a test order from the judges and will allow you to prove that you are the father of the child preventing the mother from having the child adopted by her current husband, without your consent.
Get a Paternity Test When the Mother Refuses Step 5
Get a Paternity Test When the Mother Refuses Step 5

Step 5. Go to court at the designated date and time for the hearing

  • Answer your lawyer's questions and your mother's lawyer questions. Be sincere, kind and calm.
  • Apply for proof of paternity through your lawyer. If you present compelling evidence in a serious way, the judge will listen to your request and order proof of paternity.
  • Ask for the mother to be charged with contempt of court if she fails to comply with the judge's order.

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