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Child Custody and DNA Testing - Mother's Rights

Discussion in 'Family Law Forum' started by Marsha Adair, 26 October 2014.

  1. Marsha Adair

    Marsha Adair Member

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    My friend is currently pregnant. The father of the child is mentally unstable and financially inept at the moment. He is threatening to sue for full custody of the baby my friend doesn't want his help or support. Can he legally force her to get DNA testing? I want him out her life as he is aggressive and highly unstable. What can we do to get rid of him? She wants to take out a restraining order.
     
  2. Sophea

    Sophea Well-Known Member

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    A pregnant woman, has the right to decide what happens with her child. She has no legal obligation to tell the man by whom she became pregnant that she is even pregnant, and is not required to list him on the birth registration as the child's father. However if the man was to take the issue to court and claim paternity rights, the court can order that paternity tests be performed to establish parentage of the child. If this was to happen and he was claiming custody rights etc, this would be the time when your friend could put evidence before the court of his unstable mental condition, threats of harm etc and a court would make an appropriate determination based on all of the evidence.

    However, if she keeps the father out of the picture entirely, if in the future she seeks financial assistance from Centrelink, she may be required to provide information about the father and may be refused assistance if there are not good reasons for her not seeking child support from the child’s father. However mental instability and well founded fear of violence or harm should be sufficient reason for such circumstances.

    This organisation may be able to provide some further guidance for her:
    www.csmc.org.au
     
  3. AllForHer

    AllForHer Well-Known Member

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    Who decided he was mentally unstable? A psychologist? Or an ex who is going through a rough break-up? Or possibly the friend of the ex going through a rough break-up?

    There have been dozens and dozens of cases where a mother has tried to claim to the court that the father was "mentally unstable", only to lose primary carership all together because the allegations were found to be false and instead indicative of the mother's inability to support a relationship between the father and his child - a relationship which is, as a rule of thumb, usually considered to be in the best interests of the child.

    The reasons you have thus far provided (e.g. "mental instability" and being "financially inept at the moment") won't fly in court for forcing a child to grow up without a dad. Your friend's adult problems have no bearing on the child's problems, one of which will more than likely be the lack of father figure in his/her life and the role you and your friend played in facilitating that issue, especially when the father clearly wants to be involved.

    I would strongly urge your friend to carefully consider the potential consequences of pursuing this to court, instead of just getting over whatever emotional bruises she might be suffering and letting the child have a father.
     
    Amanda E likes this.
  4. Marsha Adair

    Marsha Adair Member

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    He has bipolar and depression which he takes medication for. He sees a paychologist but calls the guy an idiot. He tried going off his meds but went back on them. He hardly ever goes to work making the excuse that he "doesn't feel well" or some other form of excuse. My friend has tried to uelrgr him to go to work to save money for the child. We have messages from him along these lines. This isn't anything about a "bad break up". At first my mate wanted him apart of the babies life but over time he has shown irresponsibility and he says he has the babies best interest but refuses to listen to a word my friend says. She has now turned to not wanting him involved at all. In his messages he calls her a C**t and whore and many other names. She didn't want to see or speak to him because they kept fighting about him not taking this seriously. Because she refused to see him he kept getting angry and calling her names.
    She loaned him a phone that was on a plan and he racked up a bill of $350 and we told him so ge racks up a bill of $250. The thing is that she has made all her feelings clear. This was never about bad blood or anything on her part. He has made it extremely difficult and she would prefer now to do it on her own. He has made her feel unsafe and uncomfortable.
     
  5. Victoria S

    Victoria S Well-Known Member

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  6. Marsha Adair

    Marsha Adair Member

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    Hi Victoria,

    We're in WA
     
  7. Marsha Adair

    Marsha Adair Member

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    If a mother doesnt ask for support from the "father" can he request a dna test?
     
  8. AllForHer

    AllForHer Well-Known Member

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    I believe he can, yes.
     

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