Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I have a 15-year-old daughter. A man that is claiming he wants paternity done has not been around much before now. My question is as her mother, do I have to force her to take the test? I live in Ohio until the end of this week and then we’re moving to Florida. I have not received any paperwork in the mail saying that he’s filed, just a message from him stating he filed it.
Your situation is a gray area. You stated that you received a message regarding an action for paternity. Well, depending on state law, say if he filed an ex parte request, he would only be required to provide you with a phone call the day before the hearing date at minimum. This would be sufficient notice for the court to hear the matter and make an emergency order temporarily pending the outcome of the scheduled hearing date. The emergency order could prevent you from departing until paternity is established. Now if he is the father, your daughter has a right to know who her father is, and he would have an obligation to support her. You should contact an attorney in Ohio who can ascertain whether in fact an action has been filed.
