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tazzygirl -> RE: Bravery and fortitude in Texas (7/2/2013 8:19:17 AM)
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a suit with the Attorney General’s Office generally include:
a) Application process: Call or visit the Attorney General’s Office of the state where you live for an application. The female must provide the father’s name, social security number, and home address. Upon receipt of the application, the Attorney General’s Office will author the petition to establish a parent-child relationship and file it with the Court on behalf of the mother
b) Father’s responses: The father has 3 choices.
i. Admit: to do so, the alleged father signs a document called an Acknowledgement of Paternity (sometimes called an Affidavit of Paternity). If the alleged father admits to paternity, the statement is filed with the court. The petition to establish a parent-child relationship will be granted and support obligations will be established.
ii. Deny: when paternity is denied, the Attorney General’s Office will get a court order to set up a DNA test. The Attorney General will mail a DNA test notice to the alleged father stating an appointment date, time, and place. The alleged father may have to pay for the DNA test if the results are positive.
iii. Default: if the alleged father has proper service of the petition (i.e., the sheriff or private agency personally gives the alleged father the paper, or it is mailed by certified mail and the father signs for the papers), then the alleged father has proper notice of the suit. If he does not admit or deny the paternity, the court will grant a default to the petition, which usually includes establishing a parent-child relationship and establishing support obligations.
c) Father initiated suits are handled differently. The father follows the application process. However, if the female refuses to cooperate with the suit, the Attorney General has no power to pursue the suit. At this point, the male client is advised to hire a private attorney to continue with the suit. Private Paternity Suits (Non-Attorney General Involvement)
a) Statement of paternity: a statement of paternity, which includes a signed Acknowledgement/Affidavit of Paternity, is used to establish paternity.
b) General denial: when an alleged father is named in a paternity suit, he must answer the complaint. Otherwise, if there is proper service, the court can grant a default judgment. If the alleged father does not believe he is the child’s father, he can file a general denial. When the alleged father files a general denial, there is a request that blood be drawn and a DNA test be used to determine paternity. The answer requests that if the test results are negative, the cost of the test should be paid by the mother who initiated the paternity suit.
c) Father’s initiation for declaration of paternity: a father can bring an action to establish paternity. This is brought to court by the father who is not the subject of a paternity suit. Rather, the father wants a court order establishing him as the father of the child. The legal assistance office can assist you in a pro se action to establish paternity. This document can be used to obligate the father to pay child support. If the father wants to establish custody or visitation rights, he must seek a civilian attorney.
http://www.ncosupport.com/military-law/military-paternity-lawsuit.html
Its certainly changed since my dad was in the military....
But, blood samples can be drawn from the serviceman and delivered back for testing. I have no clue how old the case is that he is talking about. Currently, its as above. If a serviceman keeps quiet and pretends to try and dodge the issue, he will be found the father by default.
Beyond that, the DOD doesnt get involved in paternity matters.
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