Paternity test if putative dad is incarcerated?

[Anonymous]

We might become guardians for my in-law’s child. DH is open to adoption if the situation does not improve. The putative dad is currently serving a less than five year sentence. He has not been tested, but I would like to have this cleared up while we know for sure where he is and before we would start any legal proceedings to adopt. Will a MD court order a DNA test for a prisoner in another state?

[Anonymous]

There are several considerations involved here. First, was the child conceived in Maryland? If not, what are the putative father’s connections to Maryland? If he doesn’t have sufficient ties there, you might have to file 5e paternity suit where he’s incarcerated. Also, whether a test will be ordered or not may depend on whether he contests paternity.

But as a general matter, no, if you otherwise get an order for a paternity test, the fact that the putative father is in prison shouldn’t prevent it.

[Anonymous]

I would be worried that if he can prove paternity he will fight the adoption.

[Anonymous]

No, but the child and his mom no longer live in that state (TX). Putatative dad is incarcerated there. Child will live in MD with us if the current guardianship in yet another state doesn’t work out.

We’re actually hoping the test will rule putative dad out. Leaving no known father so we could move ahead with adoption if needed. Mom admits to a ONS while with putative dad. Has no idea where other potential father is. Putative father has been in and out for 12 years. Reappears when the mom is in a position to support him financially.

[Anonymous]

Anonymous wrote:No, but the child and his mom no longer live in that state (TX). Putatative dad is incarcerated there. Child will live in MD with us if the current guardianship in yet another state doesn’t work out.

We’re actually hoping the test will rule putative dad out. Leaving no known father so we could move ahead with adoption if needed. Mom admits to a ONS while with putative dad. Has no idea where other potential father is. Putative father has been in and out for 12 years. Reappears when the mom is in a position to support him financially.

The issue is where you can get jurisdiction over the putative father for a paternity action. If the child wasn’t conceived in Maryland and the father has no ties to Maryland, you most likely won’t be able to get jusdiction over him for a paternity action here. If he is currently incarcerated in Texas and the child was conceived there, that’s probably where you’ll have to file the paternity suit and and action to terminate his parental rights, if necessary to pursue adoption, even if the guardianship and adoption proceedings are conducted elsewhere.

[Anonymous]

Anonymous wrote:

Anonymous wrote:No, but the child and his mom no longer live in that state (TX). Putatative dad is incarcerated there. Child will live in MD with us if the current guardianship in yet another state doesn’t work out.

We’re actually hoping the test will rule putative dad out. Leaving no known father so we could move ahead with adoption if needed. Mom admits to a ONS while with putative dad. Has no idea where other potential father is. Putative father has been in and out for 12 years. Reappears when the mom is in a position to support him financially.

The issue is where you can get jurisdiction over the putative father for a paternity action. If the child wasn’t conceived in Maryland and the father has no ties to Maryland, you most likely won’t be able to get jusdiction over him for a paternity action here. If he is currently incarcerated in Texas and the child was conceived there, that’s probably where you’ll have to file the paternity suit and and action to terminate his parental rights, if necessary to pursue adoption, even if the guardianship and adoption proceedings are conducted elsewhere.

Thank you!

[Anonymous]

IMHO the easiest way to do this would be to file for child support at the MD DCSE office. They will do a UIFSA petition in TX and then you will get your paternity test. No cost to you although it will take some time. You'll also have to deal with the morons at DCSE...but again, it's free so you kinda get what you pay for.

[Anonymous]

Anonymous wrote:IMHO the easiest way to do this would be to file for child support at the MD DCSE office. They will do a UIFSA petition in TX and then you will get your paternity test. No cost to you although it will take some time. You'll also have to deal with the morons at DCSE...but again, it's free so you kinda get what you pay for.

Mom has never sought court ordered CS from him. If we take on guardianship, we’can’t file for support against him alone (not file against both of them). He has no income as a prisoner. She does, but we’re not interested in destabilizing her financially.

[Anonymous]

Anonymous wrote:

Anonymous wrote:IMHO the easiest way to do this would be to file for child support at the MD DCSE office. They will do a UIFSA petition in TX and then you will get your paternity test. No cost to you although it will take some time. You'll also have to deal with the morons at DCSE...but again, it's free so you kinda get what you pay for.

Mom has never sought court ordered CS from him. If we take on guardianship, we’can’t file for support against him alone (not file against both of them). He has no income as a prisoner. She does, but we’re not interested in destabilizing her financially.

You can always waive the support or give the money back to her. My point is this gets you an easy paternity test at no cost.

[Anonymous]

^tacking on to my post above you can also withdraw the DCSE case one paternity is established.

[Anonymous]

This will be taken care of by the CPS office who places the child with you

If private placement, your attorney will advise you on the process

[Anonymous]

Anonymous wrote:This will be taken care of by the CPS office who places the child with you

If private placement, your attorney will advise you on the process

Thanks.

It would be private as the child is a relative of DH and we’re trying to avoid him going into foster care. However, we’re several steps ahead of getting to that point. Above all else, we’re trying to bolster his current guardianship by paying private school tuition and offering respite weekends. We will only take over guardianship if the current situation can’t be sustained. My goal is to be forearmed with what options we have. I suspect if mom learns putative dad is not the bio father, she will relinquish.