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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32320
Experience:  Began practicing Family Law in 1992
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I am pregnant and due in 6 weeks, I am married and my baby might not be my husbands, he kn

Customer Question

I am pregnant and due in 6 weeks, I am married and my baby might not be my husbands, he know, but does not want a paternity test. And wants to sign the birth certificate, the other possible father is threatening me with lawyers, saying I will have to pay for the paternity test, but i do know want to subject myself or my child to it, do I legally have too? and what if anything can he (meaning the other man) do once my baby is born? Another thing hanging over my head is I am in the army reserves and will be deployed to Afghanistan next April. I am scared that my daughter will be taken from me and my husband while I am gone. I need to know what my options are
Submitted: 4 years ago.
Category: Family Law
Expert:  JD 1992 replied 4 years ago.
If the other man files for paternity then the court will order the paternity test but usually each side pays for their own, although if he turns out not to be the father you can probably have the court order him to pay for all of the testing.

He can certainly ask for visitation and will be ordered to pay child support. He really can't do anything while you are deployed because the law allows you to object to and stop all proceedings while you are gone.

Unless he gets a court order and has the paternity test your husband is presumed to be the father.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

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Customer: replied 4 years ago.
one last question, how long in general does it take the court to order a paternity test? and is this something that he can do at anytime after she is born(years down the road)?
Expert:  JD 1992 replied 4 years ago.
Once you get to the court the court orders it immediately and it is usually completed in 4 weeks or so. That is something that can be done down the road.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.