I am looking to seek custody, joint custody, or even visitational rights to my 6 year old son. I already know that the first step is to establish paternity.. I would like to hire an attorney when I get financially stable & can afford a good attorney to help me get atleast joint custody, if not full. But first, I need to know how to request an ordered DNA test to establish paternity, so that I can begin to excersise my paternal rights by visitation & child support payments. Can I create a document myself if I got it notorized? If so, what do I include in my document? Should I send it through certified mail? Can the mother of my child deny me my request for a DNA? She is in KY, I'm in SC, our son is here in SC as well with his grandmother. The mother has not seen our son in 4 months.
Education Law Attorney
You want an order from the court requiring a paternity test for the purpose of custody. Such a form can be found on the SC Judicial Dept website (along with many other court forms), but I would recommend having an attorney help you with this. The attorney can act as your advocate in demonstrating that getting the paternity test is in the child's best interest.
Please be advised that this comment should in no way be interpreted as legal advice, nor should one rely on this comment in making a final decision about his or her case. Each case is fact specific and peculiar in its own way. Thus, you should consult with an attorney in-person or over the phone, explaining your particular situation, so that the attorney can render fully effective and competent assistance tailored to your particular situation.
My colleague is correct. Moreover, if your financial situation is not stable, you may seek help through local pro bono or legal aid type organizations. Those organizations may be willing to guide you in the preparation of any documents you intend to file with a court.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
Filing a paternity case is about as complicated as filing a custody case. You may as well file a case that seeks both a paternity determination and which seekss custody. There are forms available at the SC Judicial Department website for filing various types cases, but most non-attorneys cannot get the documents drafted and filed correctly. You can also find the Rules of civil Procedure at the SC Judicial Department Website. which explain how to serve dcuments on the adverse party. If it sounds as if I'm telling you how to look thedes thigs up rather than telling you how to do them, it is becasue I could do it myself for you quicker thatn I could explain it, and you can understand why I am unwilling to spnd that much time on your case free of charge.
You should file for custody asap. You have a much bettr chance of getting custopdy with the child living with its grandmother rather than the mother. I highly ecommend getting an attorney.
A notarized statement would not give you any more rights that you already have.