A week ago a friend's former girlfriend told him that she is pregnant
with his child. Though surprised, he told her he would support & be
there for her. However, four days ago she told him that her doctor
told her she was 13 weeks pregnant. Later that night he got out his
day runner and realized that they had had sex EXACTLY 11 weeks ago.
(He told me that they had had sex only once since breaking up six
months ago.)

The next  day he called her and basically said ?Listen, I don?t want to
be an insensitive jerk, but are you 100% certain I am the father? You
told me the doctor said you were 14 weeks pregant, but we had sex once
12 weeks ago.? Well, to make a long story short, she apparently got
extremely angry that he would even ask such a questions and will no
longer answer his telephone calls or speak to him. Further, she has told
him never to call her again.

Hopefully she will eventually calm down and they'll work things out, but
in the event that things cannot be worked out amiacably, A) can he
insists that the child be given a paternity test, and B) if the
paternity test proves that the child is his, what parental rights will
he have should the mother not want him to have any place in the
child?s life? Everyone involved lives in Florida.

In answering this question, I don't mind if you quote case law, but
please try to answer in plain, easy-to-understand english, not obtuse
legalese. Also, if possible please provide a list of support groups
and/or Father's advocacy groups or organizations which he can contact
for help and advice. Thanks!

Dear ddsquared-ga;

Thank you for allowing me to answer your interesting question. I
realize you are after a simple answer to your two questions but you
must keep in mind that in family matters (particularly ones that
involve the legal system) things are rarely as simple as a one line
answer. Each ?problem? faces its own obstacles and each is dealt with
on its own merit. Having said that I will do the best I can to address
your inquiries and provide legal references to back up my research:

A) ...can he insist that the child be given a paternity test..?

Absolutely. In the state of Florida there are legal provisions Florida
State Statutes that allow for a suspected father to petition the court
for a mandated paternity to establish whether or not he is the
biological father. This right is outlined in a single, clearly written
paragraph in the following state statute:

?TITLE XLIII DOMESTIC RELATIONS 
Chapter 742 DETERMINATION OF PARENTAGE 
 
742.011  Determination of paternity proceedings; jurisdiction.--Any
woman who is pregnant or has a child, any man who has reason to
believe that he is the father of a child, or any child may bring
proceedings in the circuit court, in chancery, to determine the
paternity of the child when paternity has not been established by law
or otherwise.?

ONLINE SUNSHINE
FLORIDA STATUTES
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0742/SEC011.HTM&Title=->2005->Ch0742->Section%20011#0742.011
(For your convenience a link to the entire chapter is listed below in
?Information Sources?)

Everything you need to know about such a petition and the process
involved is covered in this instruction worksheet and accompanying
form provided by the State of Florida:

FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.983(a); PETITION TO
DETERMINE PATERNITY AND FOR RELIEF (7/05)
http://www.flcourts.org/gen_public/family/forms_rules/983a.pdf

B)...if the paternity test proves that the child is his, what parental
rights will he have should the mother not want him to have any place
in the child?s life?

If the man involved is legally (scientifically) determined to be the
biological father within a probability of paternity that equals or
exceeds 95 percent (Chapter 742 DETERMINATION OF PARENTAGE 742.12) the
rights he may pursue are the same as those of any biological parent,
or the rights as deemed appropriate by the court. In other words, once
paternity has been established, the mother cannot legally prevent the
biological father from exercising parental rights recognized by the
court in the manner set forth by the court. The father?s parental
custody and visitation rights are viewed the way as they would be if
the unmarried parents were once married and are now divorced, taking
into consideration first, what is in the best interests of the child.

Title VI
CIVIL PRACTICE AND PROCEDURE Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY 
61.13  Custody and support of children; visitation rights; power of
court in making orders.--
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0061/SEC13.HTM&Title=->2005->Ch0061->Section%2013#0061.13

-----------------------------------
SUMMARY (in the ?plain, easy-to-understand English? you specifically requested):
-----------------------------------

Does a man have the right to demand a paternity test if he has
reasonable belief that he may be the child?s biological father?

YES

* * * * 

Can the mother of a child legally prevent the proven father from
exercising his established parental rights of custody and/or
visitation?

NO (provided that custody and/or visitation is in the best interest of
the child and has been ordered by the court)

* * * * 

Do mothers sometimes withhold a child from his biological father and
get away with it in spite of the law?

Yes they do, but your friend must be determined and persistent; he
must be prepared to make use of the legal system if necessary to
enforce his parent rights should this situation occur. It?s no secret
that this can be a miserable experience for all involved and it can,
in some worst-case scenarios, get quite ugly.

* * * * 

As our disclaimer below states, we cannot provide legal advice in this
forum, so I do recommend you contact an attorney for more detailed
information. One low cost option for you is to contact the Florida Bar
Lawyer Referral Service (LRS) at:

1-800-342-8011 or 1-800-342-8060 extension 5844

This agency frequently makes referrals to attorneys who are willing to
give clients an initial consultation for a nominal fee of about $25 as
opposed to the normal fees of $100-$150 per hour fees that often make
such a consultation unaffordable for many people.  During this
consultation your friend can probably get quick and simple answers to
all his legal questions.


I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

TITLE XLIII
DOMESTIC RELATIONS CHAPTER 742
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0742/titl0742.htm&StatuteYear=2005&Title=%2D%3E2005%2D%3EChapter%20742

Title XLIII
DOMESTIC RELATIONS Chapter 742
DETERMINATION OF PARENTAGE 
742.12  Scientific testing to determine paternity
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0742/SEC12.HTM&Title=->2005->Ch0742->Section%2012#0742.12


SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:

Florida

Law

Parental

Rights

Father

Paternity

Testing

Statutes

Family

Custody

Visitation

---

Request for Answer Clarification by ddsquared-ga on 11 Oct 2005 20:24 PDT

Thank you for your well written, prompt response. You answered all my
questions but one: can you provide a list of "Father's rights"
advocacy groups that my friend could contact should he end up in the
unfortunate position of having to fight for his paternal rights?
Please lists any & all groups (including websites & telephone #s) but
especially any located in Florida. Thank you.

---

Clarification of Answer by tutuzdad-ga on 12 Oct 2005 07:05 PDT

Sure, I?d be happy to provide some advocate resources. Here you go:



FLORIDA RESOURCES AVAILABLE TO YOU

Alliance for Non-Custodial Parents Rights
http://www.ancpr.org/consult.htm
CONTACT: http://www.ancpr.org/contact.htm

* * * * * 

David A. Sharp (Clearwater, FL).
24701 U.S. 19 N.
Suite 104
Clearwater, FL 33763
Telephone: 727-797-3800
Email: lawyers@fatherslaw.net
Web site: www.fatherslaw.net 

Comment: The Law Firm of David A. Sharp and Eric D. Barnes has been
representing Husbands and Fathers in family law cases (and related
appeals and criminal matters) for more than 10 years. We believe that
our practice, devoted exclusively to family law, allows us to focus
more clearly and represent our clients more effectively in those
matters which have such substantial impact on their lives.

* * * * * 

Stephen T. Holman, (Attorney, Pensacola, FL)
1940 St Mary Ave.
Pensacola, FL 32501
Telephone: 850 435-6909
Fax: 850 435-9234
Email: sth@stephentholman.com
Website: www.stephentholman.com 

Comment: "In practice for over 16 years, our firm is a strong advocate
for Father's Rights and will gladly assist any father who seeks
custody or merely desires to enforce his rights to visitation and
continuing contact with his child(ren)."

* * * * * 

James R. Kramer (Tampa, FL).
13311 Winding Oak Court
Suite A
Tampa, Florida 33612
Telephone: 813 933-4888
FAX: 813 933-5565
Email: jrkramer@tampabay.rr.com 

Attorney Comment: "Mothers aren't better parents, they are simply
other parents! I have a Fathers' Rights practice in divorce,
paternity, child custody, post-divorce custody and child support
modification actions, false child abuse allegations defense, parental
alienation, domestic violence injunctions, contempt, visitation
enforcement and modification, children relocation issues."

* * * * * 


HERE ARE SOME NATIONAL RESOURCES AVAILABLE TO YOU:

The Law Offices of Jeffery M. Leving, Ltd.
DAD?S RIGHTS.COM
http://www.dadsrights.com/
http://www.dadsrights.com/leving_book.html

National Center for Fathering
http://www.fathers.com/

American Coalition for Fathers and Children
http://www.acfc.org/site/PageServer

National Fatherhood Initiative
http://www.fatherhood.org/

DNA Genetic Connection
http://www.dna-geneticconnections.com/

Equal Justice Foundation 
http://www.ejfi.org/

National Congress for Fathers & Children
http://www.ncfc.net/

United Fathers of America
http://www.unitedfathers.com/

National Fathers' Resource Center
http://www.fathers4kids.org/html/home.htm

MANY OTHERS
http://www.menstuff.org/resources/resourcefiles/fathers.html


Good luck;
Tutuzdad-ga

Exactly the info. I needed, a bargain for $10.00! Thanks very much!

Hew should be thankful.  Kids poop, cry, carry disease, and cost beaucoup bucks.

Your friend might need to apologise.
Doctors typically calculate pregnancy based on the first day of the
last menstrual period, and not from the date of conception. Ovulation
(and thus conception) occurs roughly two weeks after that point. So,
when a doctor says you're 14 weeks along in a pregnancy, that usually
means that conception occurred approx. 12 weeks ago.

I fully agree with damelac regarding the date of conception and the due apology. 

In any case, your friend has the right to demand a paternity test.

Thanks for the helpful info., though I still need answers to the
questions I asked. One more question: is there any way to determine
paternity before the child is born, perhaps via testing of the
amniotic fluid?

It would seem that paternity testing can, technically, be done before
birth, via either Amniocentesis or Chorionic Villus Sampling (CVS)
(http://www.americanpregnancy.org/unplannedpregnancy/paternitytesting.html).

I do not know anything about the use of these tests to establish
paternity under Florida law, however, so the medical possibility may
be moot.

Also, even if one or the other or both of these tests is/are legally
possible, it might still be better to wait until after the baby is
born, as both tests increase the risk of miscarrage, even when done
correctly. And, in my home town, a woman and baby died because of a
botched amniocentesis test--a (luckily) very rare occurence,
admittedly, but the tests are not without risk so, when deciding to
try to determine paternity before birth or wait until the baby is born
to determine paternity, your friend does need to be aware that the
procedure is not "100% risk free". Very little in life is, alas!

Not to beat a dead horse, but I believe your friend has disproved his
own case.  A woman's menstrual cycle is typically 28 days with
conception possible 2 weeks into a cycle.  Therefore, a pregnancy is
ALWAYS 2 weeks farther along than the time since conception. So, if
your friend was with this woman exactly 12 weeks ago and she is
exactly 14 weeks pregnant, then unless she was with someone else
either on the same day or 1 day before or after, then he is DEFINITELY
the father.
The tests mentioned to determine prenatal paternity have some risks of
causing a miscarriage and would only be done if there is a medical
reason where the benefit outweighs the risk.  Your friend needs to beg
forgiveness and begin supporting the pregnant mother immediately.

He's wise to get a test. In some states, if you sign a voluntary
acknowledgement of paternity, then later find out that the child is
not yours and even go so far as to obtain an accurate and reliable
test that excludes yourself as the father, you still have to pay child
support.

Here's a worst case scenario that could actually happen in Minnesota
(picked because I read about this):
Woman and man have child outside of wedlock.
Man falsely believes that child is his. 
Under pressure from medical staff, woman's family, or out of
ill-placed trust, man signs voluntary acknowledgement of paternity.
Later, truth comes out that child is not even remotely related to man.
Instead, Man2 fathered child.
Man still needs to pay child support.
Man2 moves in with woman. Together, they are biological parents.
Man stuck with child support for at least 18 years while Man2 laughs
all the way to the bank.

No offense intended nhopper, but are you certain this is true? After
all, just because you read something doesn't necessarily mean that it
is true. Sounds almost like an urban legend to me . . .   Regardless,
my friend's in a real quandry:

First of all, he does think the baby is his, especially after learning
about the 2 week difference between ovulation, conception, etc.
Secondly, he's trying to strengthen the relationship between the
mother & himself (with the idea of perhaps marrying her) & apparently
she went nearly ballistic when he originally asked her if she was
certain the baby was his, so I don't think that question would go over
any better the second time. Tough situation . . . What kills me is how
in this day in age two intelligent people even end up in this
situation!

Oh it does indeed happen. In fact, the Illinois Supreme Court has
ruled that once a person voluntarily acknowledges paternity he cannot,
if the child is later proven to be unrelated to him, withdraw his
acknowledgement.

Justice Thomas delivered the opinion of the court:

"At issue is whether a man who signs a voluntary acknowledgment of
paternity can later seek to undo the acknowledgment on the basis of
DNA test results. We hold that he cannot."

Docket No. 97120-Agenda 17-May 2004.
THE PEOPLE ex rel. THE DEPARTMENT OF PUBLIC AID, 
Appellant, v. ROMEL C. SMITH, Appellee.
http://www.state.il.us/court/Opinions/SupremeCourt/2004/September/Opinions/Html/97120.htm

That's cut-and-dried.

tutuzdad-ga