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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34139
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can u help me I have a son of 3 and hes dad not on birth

Customer Question

Hello can u help me I have a son of 3 and hes dad not on birth certificates can he take me to court for dna and get rights to see him.he as got gave me any money or been in hes life thank u x
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did he last see the child?
Why have you not applied for child maintenance?
Clare
Customer: replied 1 year ago.
He last see him last week and the next day text me saying he had a daughter by someonel and she 2 months young then my son.i did not think I could get any money with out him on birth certificate
Customer: replied 1 year ago.
He said he dont work but does and dont pay tax and live with he gf where he should not be living ad she is on benefits .
Customer: replied 1 year ago.
Can he take me to court for dna test thanks
Customer: replied 1 year ago.
And what are he right as all he keep saying is he taking me court
Customer: replied 1 year ago.
What right do father have pls
Expert:  Clare replied 1 year ago.
Hi
May I ask why he is not named on the birth certificate?
How often has he seen the child in the last six months?
Customer: replied 1 year ago.
Because we was not together when I have my son and was not see me and only seen him twice for 2 hours in the last 12 months .is it a extra £38 to speak to u
Customer: replied 1 year ago.
Can he take me to court ? And would he have rights
Expert:  Clare replied 1 year ago.
Hi
What Contact has your ex asked for?
Clare
Customer: replied 1 year ago.
How do I stand pls
Customer: replied 1 year ago.
He ask for dna test and for him to have my son on hes own twice a week but my son don't want to go with out me .so I will not make him do anything as he dont really see him
Customer: replied 1 year ago.
Will he be able to take me to court and would he have to pay for court fee thanks
Customer: replied 1 year ago.
And I said he can see my son twice a week at my house or meet up at the park and he said no
Expert:  Clare replied 1 year ago.
There are a number of issues and I will try and deal with all of themThe first is that your ex can indeed apply to the court for an order that there is a DNA test and his name is ***** ***** the birth certificate.the second is that he has to pay child maintenance even if his name is ***** ***** the birth certificate and you shoudl contact the CMS (new CSA) immediatelyThe law does say that a child is entitled to regular ocntact with both parents and the courts will enforce this if necessaryHowever the contact has to meet the needs of the child not the adultGiven the lack of interest up to now then the contact the father has requested is not reasonable BUT contact in your presence is not necessarily for the best either - better would be to offer contact at a local contact centre once a weekwww.naccc.org.ukThe starting point is for your both to discuss this using Family mediationhttp://www.familymediationcouncil.org.uk/If that fails then he can apply to the court - and there is a fee he has to pay - however if you have offered contact at a local Centre you are likely to be supported by the court!Clare
Customer: replied 1 year ago.
Ok thanks so he can take me to court and see him only a week if court said to
Expert:  Clare replied 1 year ago.
Hi
Yes he can take you to court and he will get contact.
It may start at a Contact Centre - and then move on from there
Clare

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