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My son is in The Army at Fort Riley, KS. He recently got divorced

My son is in The...
My son is in The Army at Fort Riley, KS. He recently got divorced and he has a son he'd like DNA on,to prove Aimon Rene is truely his. He had only dated his x-wife for 3 weeks before she said she was pregnant. They got married and then was deployed to Iraq when she was 8 1/2 months pregnant. The mother and the child reside together in El Paso, TX. My son can't get her to co-operate and send Aimon's DNA in for testing. Aimon doesn't look like his dad, he looks more like his mothers family which are Hispanic. We love him very much but need to know the truth, since we now know his x-wife sometimes lies. Is there an affordable way for my military son to find out if he is truely the father? She signed Frank's name on the birth certificate, while he was in Iraq, with his permission to do so. Thank you!! Beth Hardin
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Answered in 7 minutes by:
7/1/2013
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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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

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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Thank you for your positive rating of my service, Beth. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
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Customer reply replied 4 years ago


Thank you Doug, I book marked your site.

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