Court Action Without Proof

Summary

In North Carolina, legal actions involving a child generally require evidence such as personal testimony, witness statements, photos, or messages. Courts can order paternity tests even without official records, but initial evidence is necessary. If the alleged father insists on attorney communication, document all attempts and consider legal advice. For harassment cases, document communication attempts and contact the detectives supervisor if needed. If the alleged father spreads false information, consider a cease and desist letter, which can be sent via email or social media if the address is unknown.

Full Conversation

Can someone take you to court for a baby if there is no proof of a baby
Hi ****! To provide the best assistance, could you clarify whether you are questioning about proof of paternity, custody, or another specific issue related to the baby?
If there is no record of a baby can you still be taken to court
Hi ****,
In South Carolina, legal actions regarding a child typically require some form of evidence or documentation. Here are some key points:
- **Proof of Paternity**: Establishing paternity often involves DNA testing.
- **Custody Disputes**: Courts require evidence of the child’s existence.
- **Child Support**: Similar to paternity, documentation and proof are necessary.
Is your concern related to paternity, custody, or child support?
No records through the government of a baby being born
Hi ****,
In South Carolina, for any court action regarding a child, some form of evidence or documentation is generally required. Here are the key points:
- **Proof of Paternity**: DNA testing is often used.
- **Custody Disputes**: Courts need proof of the child’s existence.
- **Child Support**: Documentation of the child is necessary.
Is your concern about proving the existence of the child, or something else?
Can someone ask the court for a paternity test if there is no record of a baby
Hi ****,
In South Carolina, a court can order a paternity test even if there is no official record of the baby's birth. However, there must be some initial evidence or claim that a child exists.
Is there a specific situation or evidence you are concerned about regarding this matter?
what sort of initial evidence or claim
Hi ****,
In South Carolina, the initial evidence or claim for a paternity test could include:
- **Personal Testimony**: Statements from individuals involved.
- **Witnesses**: Testimony from friends or family who know about the child's existence.
- **Photos or Documents**: Any informal evidence like photos, messages, or documents indicating the child's existence.
Is there a particular type of evidence you have in mind?
List of evidence accepted
Hi ****,
In South Carolina, the types of evidence accepted for proving the existence of a child and for paternity tests can include:
- **Personal Testimony**: Statements from individuals involved.
- **Witness Testimony**: Friends or family who can confirm the child's existence.
- **Photos or Videos**: Depicting the child.
- **Messages or Documents**: Texts, emails, or letters indicating the child's existence.
Do you have any specific type of evidence you are considering?
text
Hi ****,
In South Carolina, text messages can be used as evidence to support claims regarding the existence of a child. Ensure the messages clearly reference the child. If you require more specific guidance, feel free to ask.
Is there any other type of evidence or specific situation you need help with?
what about in north carolina
Hi ****,
In North Carolina, the legal requirements and acceptable types of evidence for proving the existence of a child and for paternity tests are similar to those in South Carolina. Here are the key points:
- **Personal Testimony**: Statements from the individuals involved.
- **Witness Testimony**: Friends or family who can confirm the child's existence.
- **Photos or Videos**: Depicting the child.
- **Messages or Documents**: Texts, emails, or letters indicating the child's existence.
Do you need more specific information about a particular type of evidence or situation in North Carolina?
emails and texts
Hi ****,
In both South Carolina and North Carolina, emails and text messages can be used as evidence to support claims about the existence of a child. Ensure that these communications clearly reference the child and any relevant details.
Is there a specific aspect of using emails and texts as evidence that you need more information on?
what constitutes relevant details
Hi ****,
In South Carolina (and generally in North Carolina as well), relevant details in emails and texts that could support claims about the existence of a child include:
- **Mentions of the Child's Name**: References to the child by name.
- **Discussions of Child-Related Activities**: Conversations about caring for, visiting, or supporting the child.
- **Photos or Videos**: Attached images or videos of the child.
- **Financial Support**: Mentions of expenses or support provided for the child.
Is there a specific type of detail you are concerned about?
Do you have to go to a lab center to have a paternity test done that you can use in court
Hi ****,
In South Carolina, for a paternity test to be admissible in court, it usually needs to be conducted at an accredited lab center to ensure proper chain of custody and accurate results. Home tests are generally not accepted for legal purposes.
Is there anything else you need to know about the process?
What if the child is sick and homebound
Hi ****,
In South Carolina, if a child is sick and homebound, you can request a court-ordered paternity test to be conducted at home. The court may allow a certified professional to collect the sample at your home to ensure the process adheres to legal standards.
Is there a specific concern or situation you need further assistance with regarding this?
Is it the responsibility of the mother to have a DNA test done
Hi ****,
In South Carolina, it is not solely the mother's responsibility to arrange a DNA test. Generally, the person seeking to establish paternity (often the alleged father) can request the court to order a DNA test. Both parties may be required to comply with the court's order.
Is there a specific scenario or concern you have regarding the DNA test process?
yes. I am being asked as the mother that I need pay and take my daughter in first then at a different time the father would come do it.
Hi ****,
In South Carolina, the court typically orders both parents to comply with DNA testing procedures. The costs and arrangements might be shared or specified by the court. If you have concerns about the arrangement, you might consider discussing it with a legal professional.
Is there anything specific about this arrangement that you need help with?
Does the mother have to take the baby first?
Hi ****,
In South Carolina, the court doesn't typically mandate the mother to take the baby for a DNA test first. The testing procedure is usually scheduled for both parents and the child in a manner that ensures compliance with the court's order.
Do you need further details on the process or how to address this with the court?
What about in North Carolina?
Hi ****,
In North Carolina, similar procedures apply. The court does not mandate that the mother takes the baby for a DNA test first. The process is usually scheduled to ensure all parties comply with the court's order.
Do you need further details on the process or assistance with addressing this with the court?
What do you do if the alleged father won't speak to you and demand it be through an attorney even though there is no court order saying so
Hi ****,
In South Carolina, if the alleged father insists on communicating through an attorney, you can:
- Document all attempts to communicate directly.
- Respond to his attorney's communications if one is involved.
- Consider seeking legal advice yourself to ensure your rights and interests are protected.
Is there a specific concern you have about this demand?
The lawyer won't respond to me
Hi ****,
I understand your frustration. In South Carolina, if the lawyer representing the alleged father won't respond to you, consider taking the following steps:
- **Document Communication Attempts**: Keep records of all your attempts to contact the lawyer.
- **Seek Assistance from the Court**: You can file a motion with the court to address the lack of response.
- **Legal Assistance**: Consider consulting with a legal professional who can assist you in navigating this situation.
Is there a specific aspect of this issue you need more guidance on?
If I provide the alleged father of my child opportunity to see the baby and his attorney doesn't even acknowledge them neither does he
Hi ****,
In South Carolina, if the alleged father and his attorney do not acknowledge your attempts to facilitate visitation, you can:
- **Document Attempts**: Keep detailed records of all your efforts.
- **File a Motion**: You can request the court to enforce visitation or address the lack of acknowledgment.
- **Seek Legal Assistance**: Consult a legal professional for guidance and support.
Is there a specific aspect of this situation you need more help with?
How long would it take for a detective to get a warrant to find a child if there is no record of the child?
Hi ****,
In South Carolina, obtaining a warrant to locate a child without any official record can be complex and time-consuming. It typically requires:
- **Initial Evidence**: Some form of evidence or claim about the child's existence.
- **Probable Cause**: Sufficient reason for a court to issue a warrant.
- **Legal Procedures**: Following legal protocols, which can vary in duration.
Is there a specific situation or concern you need more details on?
Do I have to provide the alleged father of a child proof of life
Hi ****,
In South Carolina, you are not legally required to provide the alleged father with "proof of life." However, if he seeks to establish paternity through the court, you may need to comply with court orders, which could involve providing evidence of the child's existence.
Is there a specific concern you have about this requirement?
what about in north carolina
Hi ****,
In North Carolina, you are not legally required to provide the alleged father with "proof of life." However, if he initiates paternity proceedings through the court, you may need to comply with court orders, which could involve providing evidence of the child's existence.
Is there a specific concern or situation you need more details on regarding this matter?
if a detective is assigned to your harassment case and you can not get a response from them can I request someone else
Hi ****,
In South Carolina, if you are unable to get a response from a detective assigned to your harassment case, you can:
- **Document Attempts**: Keep records of your communication attempts.
- **Contact Their Supervisor**: Reach out to the detective's superior officer or the police department.
- **File a Complaint**: Consider filing a formal complaint with the police department.
Is there a specific aspect of this situation you need further guidance on?
yes.
Hi ****,
I'm here to help further. Could you please specify what particular aspect of this situation you need more guidance on? For example, are you looking for advice on how to document your communication attempts, how to contact the supervisor, or how to file a formal complaint?
The alleged father of my child conducted a wellness check on her. She was not with me so they did not see her. Left then a few days later a detective showed up at my house. She was at a family members home because I had covid. I explained to him that then wellness check was done under false pretenses and used as a form of harassment. He said he was taking my harassment case but I have not heard from him in over two weeks. I have tried to contact him multiple times and still nothing. He is however seem like he was on the side of the person who is harassing me
Hi ****,
I'm sorry to hear about your situation. In South Carolina, if you feel the detective is not responding and appears biased, you can:
- **Document Attempts**: Keep records of all your communication attempts with the detective.
- **Contact the Supervisor**: Reach out to the detective’s superior officer or the police department to express your concerns.
- **File a Complaint**: Submit a formal complaint with the police department regarding the detective's conduct and lack of response.
Is there a specific aspect of these steps you need more guidance on?
How do I contact a detectives supervisor
Hi ****,
To contact a detective's supervisor in South Carolina, you can:
- **Call the Police Department**: Request to speak with the detective's supervisor.
- **Visit the Police Department**: Go in person to make your request.
- **Write a Formal Letter**: Address it to the police department, detailing your concerns and requesting contact with the supervisor.
Is there a specific method you'd prefer or need more details on?
How long should I wait for a response before I file a complaint
Hi ****,
In South Carolina, you generally should wait about one to two weeks for a response before filing a formal complaint. If it's urgent, you might consider following up sooner.
Is there anything else you need help with?
yes. How do I prove proof of life with out getting the alleged father of my child a copy of a birth certificate
Hi ****,
In South Carolina, you can prove the existence of your child without providing a birth certificate by using:
- **Personal Testimony**: Statements from yourself or others involved.
- **Witness Testimony**: Friends or family who can confirm the child's existence.
- **Photos or Videos**: Depicting the child.
- **Medical Records**: Documentation of doctor's visits or immunizations.
- **School Records**: If applicable, enrollment or attendance records.
Is there a specific type of evidence you need more guidance on?
Is it illegal if I post on social media texts my Childs alleged father has sent to me regarding the baby?
Hi ****,
In South Carolina, posting private texts on social media can raise legal concerns, particularly around privacy and potential defamation. Here are some key points:
- **Privacy Laws**: Sharing private messages without consent may violate privacy laws.
- **Defamation**: If the texts contain defamatory statements, it could lead to legal issues.
Is there a specific reason you are considering posting these texts?
What if I am being accused of harming my child when I have not?
Hi ****,
I'm sorry to hear about your situation. In South Carolina, if you are being falsely accused of harming your child, consider the following steps:
- **Document Everything**: Keep detailed records of all interactions and incidents.
- **Seek Legal Advice**: Consult with a family law attorney to understand your rights and options.
- **Gather Evidence**: Collect any evidence that supports your case, such as witness testimonies or medical records of your child.
Is there a specific aspect of this accusation you need more guidance on?
How much evidence do you need to file for a restraining order
Hi ****,
In South Carolina, to file for a restraining order, you need enough evidence to show that you are being harassed, threatened, or abused. Here are key points:
- **Personal Testimony**: Your detailed account of incidents.
- **Witness Testimony**: Statements from others who witnessed the behavior.
- **Documentation**: Texts, emails, photos, or any records of threats or harassment.
- **Police Reports**: Any previous reports filed.
Is there a specific type of evidence you are considering or need more details on?
Do I have to tell my alleged father of my child anything at all if he has no legal rights?
Hi ****,
In South Carolina, if the alleged father has no legal rights (i.e., paternity isn't established), you generally are not required to inform him about matters concerning the child. However, if he seeks to establish paternity through the court, you may need to comply with court orders.
Is there a specific situation or concern you need more details on?
what about in north carolina
Hi ****,
In North Carolina, similar rules apply. If the alleged father has not established legal rights (i.e., paternity isn't legally recognized), you are generally not required to inform him about matters concerning the child. However, if he initiates legal proceedings to establish paternity, you will need to comply with any court orders.
Is there a specific situation or concern you need more details on regarding this matter?
what if I feel as though my child is unsafe around the alleged father of my child and his girlfriend
Hi ****,
In South Carolina, if you believe your child is unsafe around the alleged father and his girlfriend, you can take the following steps:
- **Document Concerns**: Keep detailed records of any incidents or reasons you feel your child is unsafe.
- **Seek a Protective Order**: You can request a protective order from the court to limit or supervise their contact with your child.
- **Consult Legal Advice**: Speak with a family law attorney for specific guidance and to understand your legal options.
Is there a specific aspect of this situation you need more help with?
Is texting someone with multiple fake numbers for two months considered harassment
Hi ****,
In South Carolina, repeatedly texting someone from multiple fake numbers over two months can be considered harassment. Key points include:
- **Pattern of Behavior**: Repeated, unwanted communication.
- **Intent to Disturb**: Messages intended to cause distress or alarm.
- **Legal Definition**: South Carolina law defines harassment as a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes and would cause a reasonable person to suffer mental distress.
Is there a specific aspect of this situation you need more guidance on?
What do I do is a detective victim names me
Hi ****,
I'm here to help you. Could you please provide more details about your situation? For example, are you being named as a victim in an investigation, or is there another context to your question? Understanding this will help me offer the most relevant information.
I am the victim. The detective assigned to my harassment case stated that I am the reason I am being harassed by the alleged father of my Childs girlfriend because I am not giving the alleged father what he wants and if I did that they would stop
Hi ****,
I'm sorry you're experiencing this. In South Carolina, if a detective is treating you unfairly, you can:
- **Document Communication**: Keep records of all interactions with the detective.
- **Contact a Supervisor**: Reach out to the detective's superior or the police department.
- **File a Complaint**: Submit a formal complaint about the detective's conduct.
Is there a specific aspect of this situation you need more guidance on?
What do I do if the alleged father of my child is telling people my daughter is dead and it is my fault when she is not
Hi ****,
I'm sorry to hear about your situation. In South Carolina, if the alleged father is spreading false information about your daughter, you can take the following steps:
- **Document Statements**: Keep records of what he has said and any witnesses who heard these statements.
- **Cease and Desist**: Consider sending a cease and desist letter.
- **Legal Action**: Consult with a defamation attorney to explore possible legal actions, such as a defamation lawsuit.
Is there a specific aspect of this situation you need more guidance on?
How can I send a cease and desist to someone if I do not know their address
Hi ****,
In South Carolina, if you need to send a cease and desist letter but don't know the recipient's address, consider the following options:
- **Email**: If you have their email address, send it electronically.
- **Social Media**: If you are connected on social media, send it via direct message.
- **Lawyer**: If they have legal representation, send it through their attorney.
Is there a specific method you prefer or need more details on?