Drug testing and paternity


#1

He has every right to have the dna testing done, he should contact a lawyer or even his local cs office to get that started, first find out if he is the father before he worries about the rest. And if proven to be the father and she does accuse him of the abuse, there is experts that can tell the truth of the situtation. And he should not be scared, if that is in fact his child and she is using drugs he will be willing to do everything in his power to fight for the child.


#2

Dear cmc1209:

Greetings. He may want to record what she says to him from now on, hire an attorney, pursue the DNA testing, and eventually custody.

Let me just ask you this - if the child is at risk, who cares who fathered the child? He should be a man, step up, and get custody to care for the child based on her continued child abuse. Have him call Child Protective Services also. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

Thank you. He does want to seek custody regardless of custody, but he is afraid he won’t be allowed to, if the paternity test proves he is not the father. If that is the case does he have grounds to sue for custoday of a child that is not his? Also he is in the military and he is afraid that if she makes a false claim to CPS it will get him in trouble with the Army? Any advice there?

Thanks


#4

Dear cmc1209:

Greetings. First, she must ask for a paternity test, and if she does not, then she will be time barred to doing so, so tell him to stop worrying about it until it happens. Hope that helps. Thanks

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

My cousin and his wife recently split up. He was in the army and was in Iraq for 18 months. His wife came to visit him once during the time he was away. A few weeks later she found out she was pregenant … the baby is 2 now.
While my cousin was away his wife bagan using cocaine, while pregant, after the baby was born and while she was nursing. He was away all this time and was unaware of what was going on. When he got back his wife told him that she was cheating on him and that the baby may not be his. During this time he also found out about the drug use. He told her that he was planning on getting a DNA test done for paternity, and having the baby and her drug tested (since they have split now) She is asking HIM to surrender his parental rights, but won’t allow a DNA test. SHe threatened to, if he gets a court order for a drug screening she will tell the judge that he sexually molested the baby and tried to kill her (b/c he was on medication after he returned from Iraq

So now he is scared to persue custody becasue he thinks he will lose his son (he feels it is his even if DNA proves otherwise … he wants the DNA test to prove infedelity). He doesn’t thinkhe has a leg to stand on even though he is the victim. What can he do with her threatening to make all these false accusations against him?