How can I force her to get a paternity test? And if he is mine, what rights would I have to take him out of his situation?

Asked over 1 year ago - Columbus, GA

A woman is claiming I am the father to her 2 year old son. There is a chance and he has some of my traits so I tried to be a part of his life but he only seemed to be "my son" when he was in trouble or she needed money. Recently I've gotten tired of the game and told her to go get a paternity test done so we can start child support. She has now missed two appointments if she ever actually set them up. My sister lives with her and it has come to light that the mother and her fiancé are abusive towards the 2 year old. We have no proof but the signs are there. If he is my son I am 100xs more stable financially, emotionally, and physically than the mother and her fiancé and I'd like to take the child and raise him in a better home.

Attorney answers (1)

  1. Jacquelyn F. Luther

    Contributor Level 12

    Answered . You think he is your son and you think you want custody. If that is the case, you can file a legitimation action in court and ask that as part of the proceeding that the court order paternity testing. If it turns out that the child is your child, you can proceed on with the legitimation action which will give you parental rights and the right to claim the child as yours. It gives the child the right to claim you as the father and the right to inherit from you. It will also give you the right to proceed with the issue of getting custody and or visitation, whichever the court determines to be appropriate under the circumstances. It also provides for the determination of child support. It really is in your best interest to retain an experience attorney who handles legitimations and custody actions in your area so as to get the job done and done right. If you do not do it right the first time, you do not get a do over. If the judge denies the legitimation, that is a final decision that cannot be taken to court a second time to try again.

    This information is of a general nature and is not intended to be relied upon as legal advise. You are encouraged... more
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