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    Paternity tests & implications

    I have a "friend" who has a son that is half Spanish. The Dad was aware of the pregnany but decided to put his head up his **** and just say "the baby is not mine!". Now after 5 years he has decided to take a paternity test. What rights will this give him with regards to the child?. I think contact the Spanish embassy!.
    The father is not named on the birth certificate.

    67 Comments

    If they not married,don't think any rights,however don't know what law is like there.
    5 years and now he wants to be in the know? I tell him where to get off.

    The law here has changed also, doesn't matter if not married.

    Original Poster

    Mum2Connor&Cerys;5003636

    If they not married,don't think any rights,however don't know what law is … If they not married,don't think any rights,however don't know what law is like there.5 years and now he wants to be in the know? I tell him where to get off.



    I can see your point and agree to some extent but what about the child who wants to know where his Dad is?

    If the child's mother's domicile (place of residence) is Spain then the laws of that country will apply

    it is the child's best interests that are most important.

    The Mum has ensured the child is thriving.. the Dad hasn't so far.

    Perhaps maybe he will now.. IF he is proven to be the Dad.

    Does the Mum want him to do the paternity test?

    Original Poster

    fireheaven;5003729

    If the child's mother's domicile (place of residence) is Spain then the … If the child's mother's domicile (place of residence) is Spain then the laws of that country will apply


    No Mum and child are British residents it is the Dad who is a Spanish resident

    Original Poster

    ClarityofMind;5003732

    it is the child's best interests that are most important. The Mum has … it is the child's best interests that are most important. The Mum has ensured the child is thriving.. the Dad hasn't so far. Perhaps maybe he will now.. IF he is proven to be the Dad. Does the Mum want him to do the paternity test?



    Yes, because it is important to know where you are from.
    The Dad has been absent for the first 5 years of the child life but was pretty reliable for the 18 years before. The child is asking questions and has been heard telling his friends that he has no Dad, how sad.

    *scooby*;5003779

    Yes, because it is important to know where you are from. The Dad has been … Yes, because it is important to know where you are from. The Dad has been absent for the first 5 years of the child life but was pretty reliable for the 18 years before. The child is asking questions and has been heard telling his friends that he has no Dad, how sad.



    yes it is sad I agree.

    all kids should at least know who their parents are.

    tell him at least he has a lovely mummy x x

    Is the father in Spain?

    Is there anything in particular that your friend is concerned about?

    The law surrounding children is a minefield, and is hard enough to make sense of with 2 British parents.

    If he was able to access the British court system, I believe he would the same rights as anyone else.

    Five years with no contact with the child, a lawyer could very easily argue that it wasn't in the best interests of the child to upset him now by introducing a male figure into his life who hasn't to date shown any reliability or desire to parent the child...

    I wouldn't think your friend has much to worry about concerning residency and primary care and control of the child. Wouldn't see why she would have to share equal rights with the father when to date he hasn't shown himself worthy of this.

    If however he was to put in the time and effort to get to know the child and to ensure all his needs were being met financially, emotionally, physicaly, the courts would begin to look more favourably upon him.

    If she is at all unsure have her seek legal advice before going ahead with the paternity test.

    Original Poster

    thesaint;5003880

    Is the father in Spain?Is there anything in particular that your friend … Is the father in Spain?Is there anything in particular that your friend is concerned about?The law surrounding children is a minefield, and is hard enough to make sense of with 2 British parents.If he was able to access the British court system, I believe he would the same rights as anyone else.



    Just things like whether the Dad could go for custody or make the child stay abroad even though Dad dosn't speak English and child doesn't speak Spanish (this will be agreeable but after time spent with Dad supervised but from a distance). Prob just worrying over nothing but the child is only 5 and a real Mummys boy.

    He would have to visit them here and agree to supervised access primarily anyway. Just because he may well be the child's father doesn't mean the child will necessarily take to him, like him or trust him. It will be up to the father to see whether he can create that for them both.

    Original Poster

    ClarityofMind;5003955

    Five years with no contact with the child, a lawyer could very easily … Five years with no contact with the child, a lawyer could very easily argue that it wasn't in the best interests of the child to upset him now by introducing a male figure into his life who hasn't to date shown any reliability or desire to parent the child... I wouldn't think your friend has much to worry about concerning residency and primary care and control of the child. Wouldn't see why she would have to share equal rights with the father when to date he hasn't shown himself worthy of this.If however he was to put in the time and effort to get to know the child and to ensure all his needs were being met financially, emotionally, physicaly, the courts would begin to look more favourably upon him.If she is at all unsure have her seek legal advice before going ahead with the paternity test.



    I think getting legal advise is a good idea

    if he is the father he has rights irrelevant of what 'has' happened none of us know why he chose to not be involved but he may have had his own problems/reasons if he wants the emotional/financial involvment with his child why shouldn't he

    It's sad for child,he should made effort in 1st place if that how it really was.

    *scooby*;5004051

    Just things like whether the Dad could go for custody or make the child … Just things like whether the Dad could go for custody or make the child stay abroad even though Dad dosn't speak English and child doesn't speak Spanish (this will be agreeable but after time spent with Dad supervised but from a distance). Prob just worrying over nothing but the child is only 5 and a real Mummys boy.





    I give advice as if he was a British citizen.

    There would be no way on earth that he could gain "Residency" of the child. 5 years down the line.
    He would get "Parental Responsibility" unless there was a really compelling reason not to grant it.


    It is hard to give proper advice when his status as a Spanish citizen using the British court system is unknown to me.

    I dont think he can force the mum to do a test if she doesn't want him involved in the child's life though...

    Yes, I know it might be good for the child, but as his only carer at the moment she knows her child best and only she can decide what she believes is best for her son.

    When me and my OH went to sign the birth certificate of our last child we were told and I was asked if I understood that he has the same rights as I do regarding the child.

    Dunno what it works like over there tho.

    Original Poster

    sn0ttyang3l;5004093

    if he is the father he has rights irrelevant of what 'has' happened none … if he is the father he has rights irrelevant of what 'has' happened none of us know why he chose to not be involved but he may have had his own problems/reasons if he wants the emotional/financial involvment with his child why shouldn't he



    Nobody is denying him the chance to build a slow relationship with his son but for 5 years the boy has had no Dad and this has caused him a few problems.
    If he had his sons best interests at heart then i would think no problem but what about the Mum? you can't just put a child in a cupboard and then get them out after 5 years when they decide they are finally ready to step up. Fathers rights yes but respect for the childs happiness and Mum's work to keep that child happy should also be respected.

    ClarityofMind;5004131

    I dont think he can force the mum to do a test if she doesn't want him … I dont think he can force the mum to do a test if she doesn't want him involved in the child's life though...



    If she refuses, then he can carry on with a court case as if he is the father.
    From what I have read, the mother is saying it is his child, so he is not "forcing" her.

    ClarityofMind;5004131

    Yes, I know it might be good for the child, but as his only carer at the … Yes, I know it might be good for the child, but as his only carer at the moment she knows her child best and only she can decide what she believes is best for her son.



    It's not only her that can decide, as the child will be represented in court if it were to come to that.

    sn0ttyang3l;5004093

    if he is the father he has rights irrelevant of what 'has' happened none … if he is the father he has rights irrelevant of what 'has' happened none of us know why he chose to not be involved but he may have had his own problems/reasons if he wants the emotional/financial involvment with his child why shouldn't he



    I don't think he has any legal standing until he is proven to be the child's natural father. And even then the courts view is the child's best interests not the parents.

    thesaint;5004122

    I give advice as if he was a British citizen.There would be no way on … I give advice as if he was a British citizen.There would be no way on earth that he could gain "Residency" of the child. 5 years down the line.He would get "Parental Responsibility" unless there was a really compelling reason not to grant it.It is hard to give proper advice when his status as a Spanish citizen using the British court system is unknown to me.



    The fathere would not get parental resoponsibility but would have responsibility to financially support the child.

    Who has parental responsibility?
    In England and Wales, if the parents of a child are married to each other at the time of the birth, or if they have jointly adopted a child, then they both have parental responsibility. Parents do not lose parental responsibility if they divorce, and this applies to both the resident and the non-resident parent.

    This is not automatically the case for unmarried parents. According to current law, a mother always has parental responsibility for her child. A father, however, has this responsibility only if he is married to the mother when the child is born or has acquired legal responsibility for his child through one of these three routes:

    (from 1 December 2003) by jointly registering the birth of the child with the mother
    by a parental responsibility agreement with the mother
    by a parental responsibility order, made by a court
    Living with the mother, even for a long time, does not give a father parental responsibility and if the parents are not married, parental responsibility does not always pass to the natural father if the mother dies.

    All parents (including adoptive parents) have a legal duty to financially support their child, whether they have parental responsibility or not.

    thesaint;5004229

    If she refuses, then he can carry on with a court case as if he is the … If she refuses, then he can carry on with a court case as if he is the father.From what I have read, the mother is saying it is his child, so he is not "forcing" her.It's not only her that can decide, as the child will be represented in court if it were to come to that.



    Scary. I have never heard of that.

    So, if a woman refuses to take a paternity test to prove a child is or isnt man (a )'s biological child. Man ( a ) can proceed with a court case demanding access to the child as if he were the child's biological father with no proof of such?

    The court would obviously then demand proof...

    and the woman would have to comply?

    Sounds terrible if that is indeed the case.

    Original Poster

    It is the Mum that has pushed for the Dad to take the test. She is agreeable to access and holidays etc but does want to make sure that it is a process that is taylored around the childs needs.

    Susannah;5004261

    The fathere would not get parental resoponsibility but would have … The fathere would not get parental resoponsibility but would have responsibility to financially support the child.Who has parental responsibility?In England and Wales, if the parents of a child are married to each other at the time of the birth, or if they have jointly adopted a child, then they both have parental responsibility. Parents do not lose parental responsibility if they divorce, and this applies to both the resident and the non-resident parent.This is not automatically the case for unmarried parents. According to current law, a mother always has parental responsibility for her child. A father, however, has this responsibility only if he is married to the mother when the child is born or has acquired legal responsibility for his child through one of these three routes:(from 1 December 2003) by jointly registering the birth of the child with the mother by a parental responsibility agreement with the mother by a parental responsibility order, made by a courtLiving with the mother, even for a long time, does not give a father parental responsibility and if the parents are not married, parental responsibility does not always pass to the natural father if the mother dies.All parents (including adoptive parents) have a legal duty to financially support their child, whether they have parental responsibility or not.



    Thats what I would have thought.

    *scooby*;5004294

    It is the Mum that has pushed for the Dad to take the test. She is … It is the Mum that has pushed for the Dad to take the test. She is agreeable to access and holidays etc but does want to make sure that it is a process that is taylored around the childs needs.



    I'm sure the courts would back her all the way in that instance x x x

    ClarityofMind;5004285

    Scary. I have never heard of that. So, if a woman refuses to take a … Scary. I have never heard of that. So, if a woman refuses to take a paternity test to prove a child is or isnt man (a )'s biological child. Man ( a ) can proceed with a court case demanding access to the child as if he were the child's biological father with no proof of such?The court would obviously then demand proof...and the woman would have to comply?Sounds terrible if that is indeed the case.



    It's not the case.

    ClarityofMind;5004285

    Scary. I have never heard of that. So, if a woman refuses to take a … Scary. I have never heard of that. So, if a woman refuses to take a paternity test to prove a child is or isnt man (a )'s biological child. Man ( a ) can proceed with a court case demanding access to the child as if he were the child's biological father with no proof of such?The court would obviously then demand proof...and the woman would have to comply?Sounds terrible if that is indeed the case.




    if a man has reason to suspect a child is his, he has the right to know for sure?

    Susannah;5004337

    It's not the case.



    Thanks hon x x

    This what worries for me if anything happened to me,and what would happen to my children,as I'm not married. I personally would want their dad to have full custody,I so wouldn't want my parenmts bringing them up,I wouldn't want to wish some of the upbringing I had on them!

    Original Poster

    Mum2Connor&Cerys;5004356

    This what worries for me if anything happened to me,and what would happen … This what worries for me if anything happened to me,and what would happen to my children,as I'm not married. I personally would want their dad to have full custody,I so wouldn't want my parenmts bringing them up,I wouldn't want to wish some of the upbringing I had on them!



    There must be some type of legal document where both Mum and Dad can state thier wishes in the event of a tragedy!?!

    loupomm;5004346

    if a man has reason to suspect a child is his, he has the right to know … if a man has reason to suspect a child is his, he has the right to know for sure?



    I dont know hon... I'd have to think about it.

    If he knew the woman was pregnant with his child and wasn't interested, I would think the woman would be understandably peeved with that response.

    Does he then have the right to change his mind 5 years hence?

    Morally?

    I don't think so because the child isn't a possession one can pick up and put down at a whim. He needs to BE THERE for the child and to ensure he/she has food/clothing/shelter/love if he is to be considered a true father and not just a sperm donation.

    However of course it is a complex issue because many circumstances/feelings/conditions to be taken into account.

    I can fully understand a woman in this position saying.. " f you.. you left us.. no."

    I can also fully understand a child needing to know his history and both his parents.

    The fathers rights are the least of these three in this circumstance I would think.

    I think the CHILD has a right to know for sure.

    i wasnt talking about this case in particular, just about the law in general

    ClarityofMind;5004285

    Scary. I have never heard of that. So, if a woman refuses to take a … Scary. I have never heard of that. So, if a woman refuses to take a paternity test to prove a child is or isnt man (a )'s biological child. Man ( a ) can proceed with a court case demanding access to the child as if he were the child's biological father with no proof of such?The court would obviously then demand proof...and the woman would have to comply?Sounds terrible if that is indeed the case.



    If the potential father was asking for the right of the child to see their father, then a court would use common sense and say "What person would want to go to court to see a child that they know is not theirs?" Answer = Not many.

    If the mother was non-compliant, then the court would carry on regardless, if the mother wanted to stop the process, she would have to prove the child was not the person applying for contact etc.

    Makes perfect sense, and how it should be.

    *scooby*;5004294

    It is the Mum that has pushed for the Dad to take the test. She is … It is the Mum that has pushed for the Dad to take the test. She is agreeable to access and holidays etc but does want to make sure that it is a process that is taylored around the childs needs.



    I don't think she has anything to be concerned about, but she should see a solicitor specialising in family law as you are getting conflicting advice on this thread.

    *scooby*;5004384

    There must be some type of legal document where both Mum and Dad can … There must be some type of legal document where both Mum and Dad can state thier wishes in the event of a tragedy!?!



    Final will and testament babe.

    You can get a standard form from any stationers such as WHSmith.

    Your requests arent legally binding but they would be taken into account by a court, if the worst were to happen.

    Yeh getting married its just something we just never got round to,I hate the fuss of organising everything as there always so much other stuff needs doing all time.

    thesaint;5004425

    If the potential father was asking for the right of the child to see … If the potential father was asking for the right of the child to see their father, then a court would use common sense and say "What person would want to go to court to see a child that they know is not theirs?" Answer = Not many.If the mother was non-compliant, then the court would carry on regardless, if the mother wanted to stop the process, she would have to prove the child was not the person applying for contact etc.Makes perfect sense, and how it should be.




    I think that Susannah knows her stuff.

    ClarityofMind;5004460

    I think that Susannah knows her stuff.



    Because...

    ClarityofMind;5004460

    I think that Susannah knows her stuff.



    Ta muchly (I do).
    xx

    Mum2Connor&Cerys;5004457

    Yeh getting married its just something we just never got round to,I hate … Yeh getting married its just something we just never got round to,I hate the fuss of organising everything as there always so much other stuff needs doing all time.



    oh we were like that too... we just did it one day.

    Bunch a flowers and couple of witnesses. Literally.

    It was great! My hubby wore some paisley kinda shirt thing and Levi's and I wore a normal dress he had bought for me. It was lovely. Cost us like £30 lol x x x
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