Seen lots of support and advice being given out so here is my issue for your opinions. :)
Boy 17, Girl 19, no longer in relationship (Thank Goodness) and live hours apart. Girl just had baby, but could be someone elses other than Mr 17s but she wont get paternity test.
We dont know if Mr 17s rights and responcibilities are the same as any separated fathers? Not that we know what they are either.
Especially child support and visitation because Boy doesnt have licence, car etc so not sure on transporting for visits etc.
Boys family has already provided items for first 3 months as they see the situation as "best to have shown we care (the only way we have been allowed at the moment) from the start and be heartbroken to find out hes not our kin, than to try and make up for lost time." Waiting for call back with an appointment time from legal rep but some advice from people who aren't making money out of us could be more valuable. Thanks for your time.
Young Daddy? rights and responsibilities?
Young Daddy? rights and responsibilities?
Posted in:
Baby & Toddler
6 Replies
I know courts can order a DNA test if paternity isn't clear, I think for more pertinent advice you will need to wait for the legal team to get back to you.
On a personal level though, now is the time this young man needs to consider if he's up for the fight, if he is found to be the father he needs to prepare for a lifelong responsibility (financially, emotionally, physically).
He needs to decide if he's all in or all out, because dropping in and out of a kids life is detrimental, quite frankly if he can't commit to being a dad - there's no point spending a fortune in legal fees now!
Best of luck to the young man though and I hope this all works out in everyone's best interest!
I'm pretty sure CSA can force a paternity test but only if he's on the birth certificate? Please correct me if I'm wrong in that one. Also they will cut back her Centrelink payments and make life hard until she complies with paternity testing. I wouldn't buy anything more until this has happened. If he is found to be the father then it will probably be a good couple of years away before he has custody, try and get one day a week at least that he can visit and be part of babies life. In the meantime encourage Dad to follow his life as originally planned, don't put off further education or apprenticeships for a job, that might seem the right thing for him to do now but in the long term it isn't. He is best getting it done now while baby is young so he can support him better in the future.
The family court can force a DNA test
I’m assuming the boy/dad isn’t on birth certificate?? Then yes you will need to apply to the family court to get a DNA test.
Once the DNA test is done then Child support will be paid by him based on a percentage of his income. The calaculator used to be on the website.
Mum is generally considered the primary Carer at this stage and many short bonding sessions are pretty normal. Eg 1 hour visit with baby 3 times a week. A lot will depend on how the baby is fed, and how well everyone in the babies life can get on. It has to be handled very carefully and politely and respectfully to keep it that way.
Is the possible father named on the Birth Certificate? Has the Mum applied for Child Support - if she has, and he is not named on the birth certificate, he can request a DNA test be done before he gets saddled with Child Support payments. If the Mum does not apply for Child Support, or does not name the father, her payments will be stopped, or greatly reduced until such time as she proves paternity, or has a good enough excuse not to request child support.
In regards to Visitation, the only thing acceptable at this young age, would be that he travel the distance to see the child, although it sounds as though, until the DNA test is done, this may prove difficult with the Mother not wanting to allow it. Horrible situation all round really, the 17yo must be scared, anxious etc being made all the more difficult with the Mother not agreeing to a DNA test.
Where you stand legally I have no idea, but please have the 17yo carefully consider his options and what a positive DNA test will mean to his life. Good Luck to you all.
Legian aid can organise a DNA test give them a call. Also do not sign any child support papers or birth certificate until you are 109% sure as this gives automatic access to child support. CSA can make sure a DNA is done if your son doesn’t sign any papers. The most important thing here is do not put a signature to anything..!!! Do not sign a thing and I can’t stress that enough.