Hey everyone I'm new to this and I really need some advice/answers. Here's the story.
My boyfriend when I met him just got out of a relationship. His ex came up pregnant, and they split. She didn't want anything to do with him and said that she was even going to move out of state so that he wouldn't be apart of their lives. He was unsure if the baby was his. There was talk of her cheating on him ( she would go places with other guys and would be brought home from work by other guys). In one incident, a few days before she had went to a concert w/o him w/ another couple and another guy, my boyfriend and her had sex, and all of a sudden never before in the 6 months they were together, she told him not to pull out. He hesitated, but was like ok. (big mistake) She left him, said she didn't want to be with him anymore that this wasn't going to work b/c she's in love w/ her ex and she's getting back with him.
So, I come into the picture officially as his g/f @ the beginning of December. She starts calling and asking for assistance. How conveniant?! He said that he wasn't going to help b/c he didn't know if the baby was his.
The baby was born @ the end of April. Leaving a note @ the door that she was in labor, call them if he wants to go to the hospital. A few days later her sister comes by the house, saying that it was a BOY not a girl. And that he needs to be in their life. He says if the baby is his yes.
Well, now there is some crap started that he is the baby's father. We did the math, there's a possibility that he's not the father, there's proof on his computer where she admits to having sex w/ her ex (whom she went back to), and I know this is the LEAST thing you should go by, but, the child doesn't look a thing like my boyfriend.
He wasn't there when the baby was born, didn't sign the birth certificate, and doesn't have his last name. He wasn't with her when the baby was born (he's been w/ me almost 1yr), never claimed that the baby was his. If she believes he's the father, SHE should pay for the paternity test.
She is threatening child support. Is that possible? I know that somehow (dont know how) they can order a paternity test through court. But how does that come about?:confused:
I need some answers, and guidance FAST!
Thanks!
-Leslie

Have your boyfriend take the paternity test. If he doesn't, they will rule he is the father by default and he may end up paying support when he doesn't have to.

Forget all the math as there is NO formula for figuring out when a baby was conceived, she could have gone into labor early or late or who knows.

How can a court just "rule" that he's the father w/o a test? that isn't possible. they have to have physical proof. thats saying that i can point to any given person and say...hey thats my dad/mom. that doesn't seem right and i dont think it is.

Not showing up to court is a win by default, if he doesn't think he is the dad, then he should show. The courts will ask for a DNA test, if he is the father, he pays for it, if not, she pays for it (or at least half). He needs to go to prove that he is not the father, there is no way around this. He can not close his eyes, and hope this goes away (figure of speech). If he does not go, then he only screws himself. Doesn't he even want to know? Will he accept this baby as his, if it is found that the baby is his? Sorry you are going through this! If the mom got any public assistance (welfare), then the state will pay for the DNA test. He will have to reimburse the state, if it is found that he is the father. He has to go to court to deny paternity, and then they will force him to prove it by DNA testing.

How can a court just "rule" that he's the father w/o a test? that isn't possible. they have to have physical proof. thats saying that i can point to any given person and say...hey thats my dad/mom. that doesn't seem right and i dont think it is.

So basically, what you are saying is that men can get women pregnant, hide and never have to deal with their actions?

Trust me, we've seen this all before and so have the courts. Not showing up for a paternity test will ensure that your boyfriend will pay support for the next 18 years.

Is mom on any type of state assistance? If so they will automatically have mom file for paternity. Then the assumed fathers will recieve a letter in the mail, then they will have to take the test, if there is a no show for paternity testing then they probly will court order it, and if not the will presume he is the father, reguardless..... Take the test if he is proven to be the father so be it. Let dad take care of his actions!! ( Remember that child did not ask to be born) Then they will set a support amount for each month that he must pay and every 6 months if there is a balance they will do a service charge of $20.00. Also dad will have to pay 1/2 of hospital cost of child being born, normally around 2000.00, and back child support from the day she filed. The hospital cost he will have to pay back if mom is on any state assistance.

To add to everyone else's replies. Until she actually files he doesn't have to do anything. As soon as she does file he needs to file a response denying paternity. The court will then order a DNA test.

Just in case he is the father he should start setting money aside so that he can more easily pay any retro support/birthing expenses the court might order.

If he is the father he'll have the right to be a part of his child's life and he can file for a visitation order (that is not normally a part of a CS order, he'll have to file seperately).

The CS order can only be retro from the day she filed if he is found to be the father. Be proactive and get a paternity test.