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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14453
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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A woman has recently contacted me to say that I may be the

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A woman has recently contacted me to say that I may be the father of one of her sons. This information has been brought up 11 1/2 years after the single incident that would have created a 46 week pregnancy. She married the father of record, but is now divorced. She is requesting a paternity test. How should I proceed? Should I go ahead with a test? Is there any reason to get a test if the legal father has not been ruled out?
Submitted: 3 years ago.
Category: Family Law
Expert:  Legalease replied 3 years ago.

Hello. You do not have to submit to a paternity test unless she brings a court action in family court and shows the family court that the father named on the birth certificate is not the biological father of the child (the family court is not very keen on destroying a relationship between father named on the birth certificate and a minor son -- it could be devastating for the child) . Then a judge may order a test on you if the judge is convinced that she has enough proof that the two of you were together during that time period. In your shoes, I would not volunteer for a test and make her go through the court system to get a test ordered on you. If you are determined to be the biological father she can sue for back child support as well as current child support and I do not think you want to go that route unless you are ordered by the court to be paternity tested with this child. In my experience, one time incidents that suddenly amount to a child are typically pulled out of a fairy tale or a romance novel -- that is not to say that you are not the father, but you should be very skeptical and make her go through proper legal channels to have this done (someone tried to pull this on my husband right around the time we met -- child was NOT his).

 

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Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14453
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
Legalease and 10 other Family Law Specialists are ready to help you

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