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Answered in 1 hour by:
12/10/2013
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
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The other man can potentially have a court order a DNA paternity test. That is possible whenever there is credible evidence that a person may be the father. The court cannot actually order you to submit a sample of the child's DNA, but if you refuse the court can make an adverse inference and basically conclude that legally the other person is the father.
The DNA test can be performed by a private lab,without court order. The cost is often less than $500. This test could be done to try and keep the matter quiet, which could be much more difficult to do if he sues you to get a court order for the DNA test. If the test shows he is not the father that is the end of the matter and he has no rights at all.
If he is he proven to be the father, he will have an obligation to financially support the child. He can also apply for custody or access rights to the child, and will almost certainly be awarded at the least some visitation with the child. What exact custody or access rights are made depends on what is seen as in the best interests of the child. There are No automatic rights of a birth father to have certain minimum access.
I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
The other man can potentially have a court order a DNA paternity test. That is possible whenever there is credible evidence that a person may be the father. The court cannot actually order you to submit a sample of the child's DNA, but if you refuse the court can make an adverse inference and basically conclude that legally the other person is the father.
The DNA test can be performed by a private lab,without court order. The cost is often less than $500. This test could be done to try and keep the matter quiet, which could be much more difficult to do if he sues you to get a court order for the DNA test. If the test shows he is not the father that is the end of the matter and he has no rights at all.
If he is he proven to be the father, he will have an obligation to financially support the child. He can also apply for custody or access rights to the child, and will almost certainly be awarded at the least some visitation with the child. What exact custody or access rights are made depends on what is seen as in the best interests of the child. There are No automatic rights of a birth father to have certain minimum access.
I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
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