Do I need an Attorney-- Baby due in 2 weeks

[roamranger]

Need quick answer since my ex-fiancé is due in 2 weeks.

My ex-fiancé is pregnant and I am trying to do everything to establish paternity and child support. Here is my problem, she seems to be somewhat cordial with my request to do all this, but on the month she was conceived she became divorced. I know it is not the ex-husband since they have been separated for about year and half prior to that date. Although, I still would like get a DNA test after the birth of the baby. I believe there is good chance the baby is mine. I have read that the ex-husband would need to sign a Denial of Paternity form before I can establish paternity. I want to establish paternity at the time of birth if she does tell me when she going into labor. After establishing paternity, for reassuring myself , I will take the baby in to get a DNA test. If by chance the baby is not mine, I will go back and then deny paternity. Would this cause issues? Do you think this a good approach? My approach is influenced by properly securing baby’s future. Getting lawyers involved is going down approach that is not financially better for each of us including our baby. Of course, if she does not tell me when she going into birth or the ex-husband does not sign the papers, I will not get that opportunity to establish paternity. In that case, I am electing her to approach me for establishing paternity and pay for the DNA test.

[Here_We_Go]

my first thought is you would leave child high and dry if not yours ....right...and if it did happen to be yours you would 'try to do the right thing' and be there for the child. This is a rather risky venture for the fetus. So I guess i hope the baby is yours. (is that what you hope?) Do you want to be a super dad? Are you a dad already?

I am sure this will be a learning opportunity for you. I don't envy you.

[jumbledone]

Do not be passive in this. Passivity will get you excluded from the child's life, and a backlog of CS arrearages when she decides she needs a bit of money.

Get testing done to confirm baby is yours, then work to assert your rights to be in the child's life. Don't agree to paternity until you are 100% sure the child is yours.

[RC211V]

Don't agree to paternity until you are 100% sure the child is yours.

+1 to that.

[Fatheroffour]

+2

[Trevor]

Search for your state's putative father's registry. TODAY. Learn the necessary steps you need to take to ensure the test is done Day One. This will answer many/all of your questions, without the need for a lawyer (I believe the process was set up for the most part to be done by citizens). Call the hospital and ask about the process as well...or go by there and talk to someone. My guess is that you will find paternity-related brochures in lawyer's offices as well as maternity wards. Do your homework.

A point of clarification that the other guys have mentioned, don't "establish paternity" by signing anything at hospital. Let the hospital know in advance (you know which hospital it is, right?) that there is to be a DNA test to determine paternity at the birth of the child.

If the child is yours, you will need a lawyer to help get you significant parenting time, since often infants are not trusted in the custody of the father, as if we could not possibly care for an infant of our own (preposterous but common attitude in the US). If the child isn't yours, then no lawyer is needed. Move on.

[roamranger]

Thanks for your assistance... Okay, I have researched and done what everyone is suggesting. First, My ex refuses to let me know when she will give birth and indicated to me she does not want to discuss anything until after the DNA test is done. The only two reason I can think of why she wants to wait; Although, she claimed in the beginning the baby was 100% mine, I believe or guessing she may be having some doubts or she may want the baby's last name to be hers at the time of birth.
Initated Child Support and DNA testing:
I have research and called around and found this handbook for noncustodial parents on the Attorney General of Texas website. It stated in item 5, when you open a child support case through the OAG, the DNA testing is free. I called them up and actually found out the test cost 145.00 for fathers, but for mothers it is FREE. I am not going to worry about it since it is cheaper than having to do go to a lab and get it done myself. Athough, it is still not fair. Also, they will bring to a judge on how much I should be paying child support. Found out through them even though the guildlines state I should only be paying 16% of my net wages when I am supporting two other children outside this case, they will look at what I pay already pay and may increase the percent to this child in this case. My ex-wife from my other children have agreement and has been working out for us. I am hoping 16% is not going to increase. My ex-fiance is already getting 25% percent from someone else for her other two children. Yes, she has two other children too
Having the Hospital perform the DNA test:
I called the hosiptal up that she will be deliverying the baby and they told me that they they do not do DNA tests there. It would have to be at a LAB, but they acted as if they were not really sure. The person I talked to worked at an afilated hospital since the hospital my baby will born at will officiall open on Friday. They told me to take a vist there on Friday and confirm.

Final questions:
1.) Do you think going through Office of Attorney General (OAG) to estiablish paternity and child support is the way to go? I believe they represent the child in this case and not me, so they will not be easy on me at all, but at least I get something started. Or, I can wait to for a couple weeks to see if she contacts me and work it out with her cordially. I really do not have the money to get an attorney to represent myself.
2.) I Hope the child will have my last name if the DNA test prove I am the father. I heard from an attorney in Texas, if I am paying support, the child will have my last name. I hope this is true... is there anyone in Texas can provide me support or knowlege that is actually true?

[Trevor]

Our resident TXpert is Thoughts? who checks in very often but finds himself in other hemispheres frequently, travelling globally for work. He'll know. But there are other men here from TX too. Nice job on the homework, bro. Knowing is always better than not knowing. Keep it up for the child (or for you if it's not yours).

[minuette]

I heard from an attorney in Texas, if I am paying support, the child will have my last name. I hope this is true...

You aren't married to the mother, chances are you won't be in the hospital room when the birth cert and Social Security Card application are completed. The name of the child should not be a point of contention or distract you from your primary mission.

In the grand scheme of things, your child could be named Englebert Lipschitz-Humperdink and it won't mean a damn thing, if you are able to successfully fight for and enforce your right to be a father to your child. The child will only have to live with a name for 18 years...after that, it's the kid's business and easily changed by court order. And if it's a daughter, her last name may be fluid over the course of her life, anyway.

There are three things worth focusing on:

Making sure you are able to confirm that you are the father via DNA (don't you dare sign a paternity acknowledgment!).

Making sure you secure and enforce your rights as a father if the child is yours.

Making sure you are doing all you can to improve your earning capacity and ability to provide a safe, stable and emotionally healthy home for all of your children during your parenting time.

~
One other thing: she has two other children...so do you. Don't ever attempt to disparage her character based on her having other children. Here's why:

You knew she had children before you impregnated her (accident, schmaccident). You knew she was receiving CS for those children. If she's [XYZ] for having other children and receiving child support, you are at minimum a horrifically bad judge of character for getting involved with her.

[ProudParent]

The previous husband shouldn't have to sign a denial of paternity unless they are married when the child is born (that's how it works in IL anyway, in divorce hearings the female has to testify as to whether or not she is pregnant at that exact time and if she is they postpone the divorce proceedings until the baby is born). Don't underestimate the power of a $30 home DNA test from Walgreens. You can get your answer quick that way and very cheap and then decide together how to proceed...if she agrees to that test that is. It is a mail in test and takes several weeks to be returned...which is critical bonding time.