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Need information on how to get a paternity test for my

Need information on how...

Need information on how to get a paternity test for my husband who is in jail but he recently found out he may be the father of a 15 year old girl. Her mother is deceased and she lives with the supposedly father's adoptive mother

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No, I have not. Didn't know what steps to take being that I am the wife and he is in jail

Lawyer's Assistant: Family law varies by state. What state are you in?

Mississippi

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

No that's it.

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Answered in 7 minutes by:
4/16/2018
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,631
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only. No course of action is proposed and the information provided does not constitute legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
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I'm sorry - I know you're not going to be happy with my response but I have an ethical obligation to tell you the truth so here goes... If your husband files a motion asking the court to require this girl to be brought into court (actually or metaphorically) for paternity testing, the odds that the court will require it are VERY, very low. This is a 15 year old near-adult and this type of thing has the potential to cause not just disruption but a fair amount of trauma in a child's life. If he knows the family then perhaps informally asking to see if she would be willing to take a test is possible but short of a court order which is unlikely to be granted - for stability and continuity purposes - the likelihood is not high that he'll be able to get a paternity test.

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Customer reply replied 4 months ago
I understand but it was the daughter who reached out to him

In that case if she's willing, they can both get a paternity test. Those are sold online and in stores.

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If there is no way to get to him in jail then he could file a motion and she can provide an affidavit stating that she consents to taking a paternity test.

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Customer reply replied 4 months ago
can the ones from the stores be used in court n then How do I go about getting a test from him in jail

You'd want to speak with the jail operator - but in general it would be difficult to bring in a paternity test (even a cheek swab test) without prior authorization from the head of the prison. However, if you file a motion with the court requesting paternity testing, if the court approves it you'll be able to get the test in.

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Customer reply replied 4 months ago
Ok thanks

It's my pleasure. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! You can still ask follow up questions after rating - and of course please ask if you need clarification to anything I've written. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,631
Experience: Partner at Kent Law Group, LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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