Ok, I filed to have a paternity test and for child support. My sons dad is ignoring all the paper work and acting like hes not getting it. What will happen if they cant get ahold of him for him to do a paternity test?
The dad also has been telling me he wants to sign his rights of his son over to me. How would that happen?
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You need to show the court a proof of service demonstrating he was served with all of the necessary pleadings (Petition, Summons, etc.; I’m not sure what jurisdiction you are in and what pleadings are required). If he does not answer within the required time limit (typically 30 days), you can enter a default. At that point, he would be barred from responding and you would be given an opportunity to demonstrate that you are entitled. Be aware that family courts typically go to great lengths to ensure that both parents are heard, so don’t be surprised if a judge allows the dad to file late pleadings and argue his case even if a default is taken. Again, the procedures for these things vary between jurisdictions.
He is probably asking to "sign his rights over" to you because he doesn’t want to pay child support. This would create a situation in which he is legally considered not to be the father. This would typically be done by stipulation to the court. However, most jurisdictions would not allow this to happen absent extreme circumstances because of the strong policy in favor of requiring fathers to be responsible for their children, to prevent them from being unspported should anything happen to you; this protects the interests of a minor child who has no say in the agreements between his parents.
*This entry is not intended to constitute legal advice or to in any way create or confirm an attorney-client or other legal or fiduciary relationship.