Q: How do I respond to a complaint to establish paternity while the plaintiff has also been charged with domestic violence?
Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing paternity, and parenting time. Plaintiff also has a prior case with child protective services in regards to inappropriate content involving a minor.
A:
Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are determined through a more robust set of factors and criteria.
Do you agree he is the legal father? If so, you could respond as such. As to parenting time and custody, sounds like you have a pretty good case to keep things as they are, and he'll have an uphill battle to explain the past.
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