WSVN — You often hear of mothers unable to collect child support. Now this: A man who thinks he is the father and wants to support the baby, but the mother says he is not the father and won’t let him do a DNA test to confirm if he is the dad. Legally, can he demand to know? Here is the answer from Help Me Howard with Patrick Fraser.
There are beautiful, wonderful love stories that turn out perfectly, and then there are the rest.
Dave Adams: “I definitely had fallen for her. Didn’t want to end things with her.”
In April 2013, Elizabeth and Dave met.
Dave Adams: “Started out as friends, and at one point she did move in with me and we ended up getting into a relationship.”
They lived together in April, May, June, July and early August. Then Elizabeth and Dave broke up. Later that month, Dave says she told him she was pregnant.
Dave Adams: ‘I thought it was absolutely wonderful. I started talking to her about how I knew I was the father and how excited I was I can end up having a family with her.”
But by then, Dave says, Elizabeth had started dating her old boyfriend. She told Dave that guy was the baby’s daddy. She even posted posted it on Facebook. Dave didn’t believe her.
Dave Adams: “I’m almost 100 percent positive that the baby was fathered by me.”
Dave says he told Elizabeth, “Let’s confirm it with a DNA test on the child.”
Dave Adams: “I kept pushing to get it done, and she kept coming up with excuses why she did not want to get it done.”
Why would Elizabeth not want to be sure? Dave has a theory.
Dave Adams: “The guy she is with, the family once they find out it is not his baby, they wouldn’t not take her in. They won’t support her or give her a place to stay after, which is where she is staying at now.”
Dave wants the DNA test. He wants to know if he is a father.
Dave Adams: “Definitely, I want to be there for my daughter if, in fact, she is my daughter.”
And he understands, if he is the father of this baby girl, he will have to help support her.
Dave Adams: “I don’t mind paying child support, because if she is my daughter, I want to be there for her.”
Well, Howard, you think you are the father. Legally, do you have the right to force a woman to do a DNA test on the baby to determine if you are the father?
Howard Finkelstein: “Yes. Legally you need to file what’s called a paternity lawsuit. You can even do it yourself. Just explain to the judge why you are convinced you are the father. The judge can then order the mother to go to a lab with the baby to get a DNA test.”
We contacted Elizabeth Smith, who is now living with her current boyfriend. She says they are now married and living with his family. She claims she lived with Dave for several months, but they were never in a relationship.
When we mentioned it was posted on her Facebook page that they were in a relationship, she claimed Dave must have hacked into her account and posted that. She was adamant that Dave is not the father of her daughter. That she will do the DNA test if he pays for everything.
Dave Adams: “We were definitely in a relationship. We were definitely involved.”
Dave is now saving the money to get the DNA test done, but he says he now has a new concern.
Dave Adams: “Now that Help Me Howard is involved, I’m afraid she is going to pretend to do it and send me inaccurate results, and I want to know accurately that Mary is mine.”
And that’s why Howard says Dave needs to get a judge involved. They can issue a court order requiring the child to be tested at an accredited lab to ensure the test is done properly. And in a country where fathers try to avoid helping raise their child, give Dave credit. He wants to emotionally and financially support the daughter he thinks is his.
A problem breaking you up? Love some legal support? Then contact us. We will conceive a plan that will hopefully solve everything for you.
With this Help Me Howard, I’m Patrick Fraser 7News.
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