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Can you be forced to take a paternity test?

Discussion in 'Legal' started by megatronrules, Oct 23, 2005.

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  1. megatronrules

    megatronrules Member

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    I want to say for the record that I would never advocate being a deabeat dad or anything of the sort. I don't need to worry about this because my girlfriend is "fixed",but the subject came up today. Can you be forced to take a pertenity test based soley on a person's word? I mean just because a woman gives your name to the state dosen't mean you have to right? I can say I slept with tyra banks it don't meant its true. Anyways I'am just curious as this is still the united states of america where I'am assuming good citizens can't be forced to give up thair blood samples.
     
  2. nhhillbilly

    nhhillbilly Member

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    In NH the rule is if the mother list's you as the father on the birth certificate you are the father. If you want to contest it it is up to you to get the testing done.
     
  3. Standing Wolf

    Standing Wolf Member in memoriam

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    I'd be very careful of such assumptions.
     
  4. hillbilly

    hillbilly Member

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    Uh, if the government shows up with a subpoena for your DNA in the course of a court case, then, yeah, you can be........

    hillbilly
     
  5. pcf

    pcf Member

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    Reference Schmerber vs California. Being compelled to provide blood or DNA does not violate your 5th Amendment right (or so they'd have us believe).

    No you don't have to provide DNA for a paternity test. Expect to be held in contempt of court, have an arrest warrant issued, etc.
     
  6. HighVelocity

    HighVelocity Member

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    Same here in TX. If the woman puts your name down on the birth certificate as the father, it's child support you'll be paying until you prove otherwise. :mad:
     
  7. spartacus2002

    spartacus2002 Member

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    A lot of states will do the following:
    1. Woman comes in to Dept of Child and Family Services (or whatever it is called in that state) claiming you are the father of her child, and that DCFS needs to get you to start paying child support.
    2. DCFS sends a letter to your last known address saying you may either accept or contest paternity. The letter also says that if you fail to respond within 30 days, YOU ARE DEEMED TO HAVE ADMITTED PATERNITY.
    3. If you contest paternity, you have to take a DNA test to prove you aint the daddy.
    4. If you admit or fail to respond, DCFS sends it to the judge who rubberstamps it, and WHAM! Your pay starts getting garnished.

    Imagine the poor saps who are deployed or who never got the letter and only find out about all this because the state starts garnishing their pay.

    If you are some poor guy who never got the letter, you usually cannot go after the state to get that money back, even if a DNA test proves you aren't the father. Most states will tell you to go after mom in court to get the refund.

    Messed up, ain't it?
     
  8. telewinz

    telewinz Member

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    Within the past year a "father" proved by DNA samples that the child was not his. The judge held the man to be the father of the child because it was in the best interest's of the child!
     
  9. scubie02

    scubie02 Member

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    this is an issue that has gotten out of hand and needs to be set right, but it won't be, because its not "Pc" to advocate for mens rights--it'd be seen as aking to advocating for "white rights". Its funny how they always say men need to "take responsibility", but apparently women have none in this regard. Women are every bit as much if not more so the sexual predators these days as men, but if something happens, its the guy's fault. Same reason female serial killers rarely do time, or if they do its minimal. Because there is still the mentality that it "must be some man's fault, the poor girl wouldn't have done that on their own...". Uh, yeah. Trust me, there's a reason many societies used to give the prisoners they really wanted to torture to the women...
     
  10. bjbarron

    bjbarron Member

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    And a case where a woman scammed a sperm bank and took her ex-husbands sperm to her doctor for insemination. The doner is the father...and will be paying for the next couple of decades. New York law doesn't make a distinction where the sperm comes from or how it was obtained...just who is the father of the child. He can sue the mother for theft and the sperm bank for not destroying the sperm when he asked them to, but he has to pay for the child.
     
  11. Hawkmoon

    Hawkmoon Member

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    I really wish you had not told me about this. I thought my opinion of how low human nature might allow a person to stoop was about as low as possible. Now I have to find a shovel and dig down a couple more feet.
     
  12. Tory

    Tory member

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    How long?

    "Within the past year a "father" proved by DNA samples that the child was not his. The judge held the man to be the father of the child because it was in the best interest's [sic] of the child!"

    And how LONG had he been deemed the father before bothering to confirm paternity? :scrutiny:

    Long enough for the little girl to have bonded with him as her father, I'm guessing.
     
  13. Zundfolge

    Zundfolge Member

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    With a little cleaver lawyering he could make the case that since the mother is a sperm thief and a practitioner of fraud that HE should get custody of the child.

    Go to court to take a child away from one of these women and you might be surprised how fast they (the mothers) change their tune.

    Of course the risk is that he could win and then he'd have a kid :uhoh:
     
  14. TexasRifleman

    TexasRifleman Moderator Emeritus

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  15. joab

    joab Member

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    It goes both ways

    A long time ago a friend was the accused father of the child of a girl he had never had intercourse with.
    He demanded a blood test, she refused .
    He went to court to force it.

    He won then he sued and won that case also
     
  16. another okie

    another okie Member

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    If you don't want to pay child support keep your trousers zipped.
     
  17. mbs357

    mbs357 Member

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    Best advice yet.
    Works for me. =o
     
  18. spartacus2002

    spartacus2002 Member

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    That's not the issue. Nobody disputes that fathers should support their kids. As seen in the posts above, the more ominous issue is when the government makes you pay child support for kids that aren't yours.
     
  19. Pilgrim

    Pilgrim Member

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    My cousin, who lives in Sacramento, CA, received a letter from the family support unit of the Los Angeles County District Attorney saying that he had been named the father of unborn Baby 'X' in Los Angeles County. This was really interesting as my cousin had not been in Los Angeles County in a couple of years.

    It turns out that the mother of unborn Baby 'X' applied for welfare benefits and when asked the father's name made up a name which happened to be my cousin's. When asked where he lived she said, "I think he lives in Sacramento."

    The family support officer looked in the phone book and found my cousin. He got the letter telling him to support unborn Baby 'X'.

    It was pretty entertaining, my cousin having his own family, but the mother of unborn Baby 'X' finally 'fessed' up and admitted she made up the name of the baby's father.

    Pilgrim
     
  20. joab

    joab Member

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    If only life were that simple

     
  21. deanf

    deanf Member

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    So it seems the answer is yes.

    Either the court will order it as part of an action by the mother, or you must "voluntarily" take the test to prove you're not the father, or the law will just assume that you are.

    This is part-and-parcel of the Oprah-spearheaded anti-male agenda.
     
  22. Don't Tread On Me

    Don't Tread On Me Member

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    In Florida, some men were made to pay child support for children that weren't even theirs!! and it still continues.


    There is no end to government evil.
     
  23. Kurush

    Kurush Member

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    Not to be a control freak but how is this gun related? Other than the obvious pun about negligent discharge.
     
  24. telewinz

    telewinz Member

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    True. But what does that have to do with forced child support?
     
  25. Gun Geezer

    Gun Geezer Member

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    Don't forget my favorite!

    Heard on the news of a child needing a transplant. The dad (divorced from mom at this point) voluteers for blood test. Test shows he is not the father!

    To make things worse, he somehow managed to get the other kids all tested and he is not their fathrer either!

    But, just to make things much much worse, it turns out the kids all have different fathers!

    But, just to make things much much much worse, the Judge ordered that he continue to make child support payments!:banghead:
     
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