Family Law Questions? Ask a Family Lawyer Online.
Good afternoon Beth,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
Please, first of all, thank your son for his service to our country, for me.Because your son was married to the mother at the time she gave birth, under the law, he is automatically presumed to be the father of the child, unless the mother or a third party claiming to be the father filed a petition with the court alleging that he was not the father. In that circumstance, the court would order DNA tests.But for the time being, the law recognizes your son as the father of his ex-wife's child. He has no need to prove his paternity through a DNA test.As the legal father he has the right to ask the court for custody or visitation rights, and the court will give those to him---because the law holds him to be the legal father.Only if he were to allege that he was not the father, and file suit against his ex in court to prove that, could he get a court order for DNA testing---and as he is already the legal father under the eyes of the law, and he believes himself to be the biological father, there is really nothing left for him to do. Later, when he has custody of his son for visitation, he can have a private DNA test done if he would like. But for the time being, there really is no legal need to do that. Your son is the father of his child.You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013,Doug
Thank you Doug, I book marked your site.
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