In most states it doesn’t matter if you’re a biological father or not. If you agree to put your name on the birth documents or sign a statement of paternity you are on the hook for child support no matter what because you agreed to be. If you’re going to do a DNA test you should do it BEFORE taking on parental responsibility or legal responsibility for a child’s care and financial well being.
Now, if you consider the legal implications of a “mandatory” DNA test before child support- you’ve not created a system in which a person who has not committed a crime is required to submit their DNA to the government. What happens if someone refuses to give DNA? They don’t have to pay child support? Assume they are the father and make them pay? Why require it at all of the person supporting the child KNOWS they aren’t the biological?
I think it all comes down to the guy.
Does he want a test?
My husband loves our daughter and trust it's his. Lol I'm Asexual so highly doubt I was cheating. Anyways he told me even if it turned out our kid wasn't his he rather never know because he loves her more than his own life and he would give child support even if she wasn't his.
But than there is situations like my youngest brother had who had proof he was cheated on and the baby might not be his. It wasn't even born yet. So he asked for a test at birth. Turned out to be his. He now has full custody.
I also think if the mom says she doesn't want the blood test than she must wave the right to get court order child support and has to sign that the guy who she says is the dad is legally the dad. Giving him the right to sue for custody. And if he wishes he can give child support. It is up to him.
By and large I agree with you and couldn’t fit all the reasons into my post. Lol. The one thing I can’t quite agree with though is the mom waiving rights to child support (or really we should say “the custodial parent” if they refuse a DNA test. Family law is distinct in that often- no crimes have been committed, and criminalizing interactions between people like infidelity is a slippery slope and a bad idea (for example with “open” relationships and all manner of rules and dynamics and sexualities do we define “infidelity” When for any couple what is or isn’t “allowed” can vary greatly by circumstance?)
In other words- family law must protect individual rights the same as criminal law must, however there is no crime under which we could demand someone forfeit their rights. It becomes a slippery slope where we are granting legal precedent for the law to take rights based on a means to an end and not based on action of an individual.
So family law in practice follows closer to contract law- where the details involved aren’t necessarily breaches in conduct between the parties and the state- but between terms agreed to by the parties, and the restitution is in context of setting whole those breaches.
When a person signs a birth certificate or other document of paternity or guardianship for a child- they are certifying in contract that they accept the responsibility for that child- it does not matter what blood relation that child has. That means that it is the responsibility of the party who is taking paternity to ensure BEFORE they do so that they are satisfied the child is theirs or otherwise willing to blindly accept that responsibility.
As a contract- “buyer beware” applies- HOWEVER- a critical concept in contract law is transparency. That is to say- if you buy a new car, the dealer sells it as new, and you find out that it was sold before to another owner, it is not new. The dealer was responsible to disclose this before purchase. If they did NOT- they acted in bad faith and YOU are the aggrieved party, there could not be a “meeting of the minds” as there was misrepresentation.
By that same token- we could say at the least that if a mother knows that a child is not yours but represents to you that it IS, and you take paternity based on this, then yes- paternity should be nullified if you wish and damages should be given to you. However- you must PROVE she KNEW and hid it.
See what I mean in she wavers getting child support is if the guy wants the test but she doesn't. She should have no right to ask for money from the guy she claims is the Dad but he has all the right to either give child support if he wishes and can pursue full custody or visitation rights if he wants to.
If another man comes up saying he demands a test because he think he is the real father I think all parties need to decide if they should do a test or not. And even if the test comes out going to the new guy as the Dad I think the man who was marked as the Dad first should still have rights to the child if he chooses.
Because honestly it all comes down to who the child sees as their parents. And who loves the child.
And if he decided to give child support and it turns out the kid wasn't his the only way he can get the money back is if he has proof the money wasn't used to pay for the kid. Because he choose to give money anyway.
For another example- if I sell you a used boat and tell you there aren’t any issues- that means that I have told you I know of no issues. If you get the boat home and 3 months later the engine blows up because the water pump was bad- wetter it is my responsibility or yours depends on if I KNEW the problem existed. I am not required to have a mechanic look over every inch and test everything before I sell it. If the boat was overheating when I used it and I didn’t tell you I lied by omission. If I THOUGHT the water pump was bed but didn’t say anything- I did not KNOW, I THOUGHT. Which I have no obligation to tell you what I THINK even if it may be morally upright.
So if a woman did a DNA test, or she hadn’t slept with you and slept with another man, found out she was pregnant, then slept with you and said you were the father- she would KNOW. But if she slept with 40 guys and you around the same time she got pregnant- she doesn’t KNOW.
Therefore it would be prudent in this discussion to say that it would be misrepresentation of paternity if a woman tells a man or represents to a man that he is the father of a child where there is a chance he is not. The legal burden would be for the woman, if she had had sex with any other men near the period of conception, to disclose to all those men that they MAY or MAY NOT be the father- but language like “our baby” “your child” “you’re going to be a father” would create a legal representation that she KNOWS he is the father, and thusly if he is NOT the father she would be liable for damages.
Tl:dr- It’s a little late AFTER you sign a contract saying “yup. I’m the father..” to try and break that contract. Wether that kid is your blood or not you accepted the role as soon as you signed. What we should do is apply the legal precedent we would to any contract. Both parties must go through disclosure and disclose all relevant facts including if there are other possible fathers. Once the mother represents to the “father” that he is the only possibility- she should take the liability of she represented the details falsely, and if she did- the father should be let out of the contract and awarded damages for breach. A mother who believes a child may have multiple fathers should protect herself by NOT representing any man as the father definitively until after birth, then getting a post birth DNA test before announcing a father if she has any possibly for doubt.
“Fathers” should not sign any paternity documents until after a DNA test has been performed. The DNA test should be at the expense of the one performing the test unless both parties agree upon another course because it is precedent that the cost of diligence falls upon the one gathering the information for their benefit. If you sign a paternity document without a DNA test that is like a marriage without a prenup. YOU are assuming risk by entering a legal contract without contractual protection.
Honey I love yah @guest_ truly I do but truth is you go WAY into to much info lol my poor little dyslexic mind can't read all it. But I am just going to say ok lol
Lol. Sorry Miss C. And sorry to “talk over you.” Was typing and didn’t see your reply. The short version is: The mother isn’t “asking for” anything the “father” didn’t agree to. If you take a child as your own, take parental rights and agree to parental responsibility by signing a document stating or acting as a parent- you’ve agreed to care for that child until they are 18 years old wether they are yours or not. You volunteered to pay. Child support is a mother asking a father to keep his end of the agreement. Just as you would not (hopefully) but a home or agree to any contract without due diligence- a father should make sure that either he IS the father, or that he agrees to be the father- all risks and rights included- before he makes a legal commitment to do so.
It IS an option. Before you agree to legally responsible for a child for 18 years (or more,) get a DNA test of you want one. Being a parent means a lot could go wrong and YOU are on the hook because you’re a parent. We don’t want to think about the kid dying of getting hurt and having to pay for that and deal with that, the kid being somehow differently abled and you being legally bound to care for them for life. You become a parent and if that kid damages people’s property or gets in legal trouble with fines, parents pay. Parents are legally responsible for them getting educated, being healthy and cared for, and if things go wrong: child support. So before you sign on as dad and agree to ALL of that- get a DNA test.
There is literally nothing stopping you from saying “hey, I’d like a DNA test for this kid...” When a child is born. There is nothing stopping you from telling the mother “I (will) (don’t want to) help with this pregnancy until I know if it is mine, and then we will reassess. But I am not the father until I get that test.” You can also take a mother to court and get a court order for a DNA test. Refusal to submit to court ordered DNA testing results in either contempt charges or a de facto judgment for the plaintiff.
Cost can be a factor. In the case of court ordered testing, the court will usually determine who is in the position to pay; and for those who qualify on income, assistance or even free testing may be provided.
(TITLE FROM REDDIT r/FunGags)
Does he want a test?
My husband loves our daughter and trust it's his. Lol I'm Asexual so highly doubt I was cheating. Anyways he told me even if it turned out our kid wasn't his he rather never know because he loves her more than his own life and he would give child support even if she wasn't his.
But than there is situations like my youngest brother had who had proof he was cheated on and the baby might not be his. It wasn't even born yet. So he asked for a test at birth. Turned out to be his. He now has full custody.
I also think if the mom says she doesn't want the blood test than she must wave the right to get court order child support and has to sign that the guy who she says is the dad is legally the dad. Giving him the right to sue for custody. And if he wishes he can give child support. It is up to him.
If another man comes up saying he demands a test because he think he is the real father I think all parties need to decide if they should do a test or not. And even if the test comes out going to the new guy as the Dad I think the man who was marked as the Dad first should still have rights to the child if he chooses.
Because honestly it all comes down to who the child sees as their parents. And who loves the child.
Except maybe the cost, now that I think about it.