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Can a man demand a pregnant woman, who has a temporary

Customer Question
Can a man demand...

Can a man demand a pregnant woman, who has a temporary restraining order on him to take a pregnancy test WHILE she is pregnant?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

The restraining order was filed. He filed a paternity suit against me on the day we were in court for the TRO.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am afraid of this man and will not be putting his name on the birth certificate.

Submitted: 4 months ago.Category: Family Law
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Customer reply replied 4 months ago
I was with this man for four months. I have not told the court I am pregnant by him. He was violent with me and then when I stopped talking to him he was stalking me and said it was because I was pregnant. But when I told him I was pregnant he got crazy and abusive with me.
Customer reply replied 4 months ago
When I was in the court to ask for a permanent restraining order, he slapped me with a paternity suit. I am 6 months pregnant and in a fragile state. Can he force me to take a pregnancy test even though I'm trying to stay away from him?
Answered in 8 minutes by:
12/22/2017
Family Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 41,151
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

No, he can't force a paternity test while you are pregnant because his rights would only become viable once there is a live birth. Until that occurs, anything could happen to the fetus so the courts don't give the potential father any rights while the child is in utero.. i.e in the womb..

.

So the judge would generally issue an order for a paternity test once the child was born, but not before because while it is possible to do a DNA test while pregnant, there is a risk of miscarriage so judges won't risk it.

.

.

thanks

Barrister

.

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Customer reply replied 4 months ago
if I have 30 days to respond to the court here in California, and I say that "I am contesting this claim" and I get a restraining order put on him, can he force me to get the dna test while I"m pregnant? What would the courts think about his suit if I already have a TRO against him. Thanks
Customer reply replied 4 months ago
Are you a family attorney?This is important as I need to know the rules for california only.
Family Lawyer: Barrister, Lawyer replied 4 months ago

I will opt out and open the question to other experts who may be able to assist further...

.

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Barrister
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Category: Family Law
Satisfied Customers: 41,151
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Experience: Attorney with 17 years experience

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