DNA Testing/Rights
"Anyone know anything about DNA testing for the baby when it's born (I'm in OH if that matters).. I know the father.. But I told him I am refusing to put his name on the certificate because of the complications. He can see the baby if he makes an honest effort.. He told me that he can have the courts subpoena a DNA test whether I like it or not and get his name put onto the certificate himself.. Is this possible? I don't want a war.. But I don't want to be miserable either."
I meant to come here and post that.. But I accidentally posted in 2nd trimester.. So I'm hoping some of you who've been through this can tell me how it all works.. I found this site last night and it seemed to make some sense.
https://www.cornwell-law.com/answers/mothers-rights-in-ohio-married-and-unmarried-mothers-rights/
I also had a friend tell me that a local attorney told her the dads name can be put on the certificate but if I give the baby my last name he can't do anything.. I'm so confused with all of this.. -_- I just want a solid answer. I will be consulting with an attorney tomorrow afternoon to see what I need to do to protect my child from being completely taken away from me... His father went through this as a child... His dad took him from his mom.. And I'm scared to death they're going to try to do this with me too.. all because "they have more money than I do".. (their reasoning) I in no way could be proven unfit. I have income, I am not mentally unstable or on drugs, I have a stable home.. I just want peace..
Re: DNA Testing/Rights
The paternity test is just a simple cheek swab for you and your LO, after your LO is born. This will need to be done to set up child support anyway.
I don't know about Ohio, but I know in some states, if the father is not present for the labor and delivery, you cannot even put his name on the birth certificate. He would have to petition the court, just to get his name on there, after paternity was established. So, if I were you, I wouldn't even tell him you're in labor and wait until you get home, before letting him know your LO was born.
If you and the father have never been married, you should have sole custody of your LO and do not even have to allow visitation, until court ordered to do so. There again, he would have to file a petition w/ the court for visitation rights. And it doesn't matter if your LO has your last name, his last name, or some other random last name you made up.
Definitely talk to your family law attorney to find out the specific laws that apply to your situation in Ohio...and GL!
By the way...getting paternity established does NOT automatically put him on the birth cert as the father.
(Just realized I forgot to put that on my prior post)
He has the right to petition the court for a paternity test. When he is shown to be the father, he can be put on the birth certificate and request that the court order a custody arrangement. If he wants the child to have his last name, he can request the court to order it, but it doesn't mean the court will grant it.
Every state is different. I'd recommend call your child support division and ask. I'd be willing to bet he can petition the court to have the DNA test done and be placed on the BC. But, that's just the beginning. Here, TX, the state requires that DNA testing for establishment of paternity be done through them. They will not accept results from any where else. I'm willing to do it, but it's going to be MY way, not JF's. JF will have to open a child support case to get the DNA test done. They won't put him on the establish paternity, put him on the BC, set up custody and visitation WITHOUT setting up a child support order, too. And, gosh darned if he won't be 18-24 months behind in payments.
So, let your BD file for DNA testing. Don't offer to do a DNA test. Don't put him on that BC until the court ORDERS you to. But, your child does have the right to have both parents in his/her life. I know it sucks, especially if your relationship is hostile. You can also request counciling to help the two of you establish polite realtionship for the benefit of your LO.
BTW, it takes a LOT to prove a mother unfit. He'd have to have a video of you selling crack, while "walking the streets" and bringing the baby with you. Or, substantial evidence you're abusing egelcting him. Income only factors in how much child support he'll have to pay. Rarely, will a judge take a child away from the only parent they've known.
That doesn't mean he won't get visitation.
"I know the father.. But I told him I am refusing to put his name on the certificate because of the complications.
Just curious. What kind of complications can arise from having the father's name on the BC?