It has been over two years since my son who is 6 now has seen his father. His father has never paid child support and now owes over 18k. He is telling everyone even his lawyer that he is not the father. He has been order for a dna test and will not do it. The reason he says is that he feels he is not the father and wont pay for a child that isnt his. He turned down the free dna test at the hospital when my son was born. Can I have his rights terminated.
I am not sure of your exact question. If you were never married, then he has no rights until and unless he seeks a court order designating those rights. As for child support, the same is true. Until there is a court order, he is not obligated to pay.
I strongly suggest that you obtain legal counsel and get a child support order in place. Even if he refuses the DNA test you can ultimately get an order for support. If he does not pay, then the order continues to accrue. The funds will help with your raising your son.
At anytime that Father chooses he can file a motion with the court for parenting rights. What he will get depends on the facts and circumstances of the particular case. You cannot take away father's right to ask for parenting time. The only way to actually terminate father's right to have parenting time and his duty to pay child support is to have the child adopted. That is in effect substituting one father for another. This is done often when there is a step parent involved.
Again, please seek legal counsel. Your son is entitled to support from both parents.
To make a long story short, you cannot force a father to give up his parental rights, there are certainly things you can do to entice him to do so; however, under these circumstances, it doesn't sound to me like the father has established his rights.
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