Can I get sole custody of my newborn if the guy refuses to take a paternity test? ?

4 Comments

1. Ms Sunshine says:

   November 8, 2009 at 2:39 am

   You have legal custody when the baby is born. If you do not ask for child support and the man denies he is the father, you should not have to do a DNA test.

   If you want to prove he is the father then a DNA test would have to be done to prove who the father is and he would be ordered by the courts to pay child support.

   As for visitation rights, if he is determined to be the father the he will have some visitation rights ordered by the courts. Especially if he is paying any child support. You would be the primary guardian and he would just get visitation rights. If you think he would harm the child you can ask for supervised visitation. But, try and keep it out of court if you can. Then the governments gets involved and you have no control over what happens to your baby and it can be very costly. It is much easier and best to try and work things out. Both parties win in that situation. But not if the courts intervene.

   The choice is yours.
2. What Happened? says:

   November 8, 2009 at 2:39 am

   I’m pretty sure the court can order a paternity test, especially when someone files for support. Not sure if you must wait until after the child is born. Probably
3. RetroRanch says:

   November 8, 2009 at 2:39 am

   You probably can’t have it both ways. If you want child support, you’re going to have to show he’s the father. The court can force him to test. If he’s the father, he will likely have rights to some kind of joint custody or visitation.
4. Lela A says:

   November 8, 2009 at 2:39 am

   You file a motion for full custody of the baby, and request an DNA test that is court ordered for the other party to take to resolve paternity issue