Can I be forced to get a DNA test on my child?
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Nikki - posted on 07/15/2012
I slept with a married man at the time I didn't know month go bye I get pregnant by my boyfriend. I have the baby he sign the brith certifcate we living life I get served papers he wants joint custody in a DNA he's not the father!!!! Should I give him a test or tell him to fuck off
Rachael - posted on 06/30/2010
Nope. He can't force a DNA test unless he is suing for visitation and you are using his non-paternity as a reason for denial. If he is the acknowledged father, there is no need for the DNA test. If you're pretty sure he's the natural father, don't use his paternity as a reason to deny visitation. Go to the local police, get a restraining order due to his abuse. If he takes you to court, you have official evidence of his abuse and you can use THAT as grounds to deny visitation.
Sarah - posted on 06/29/2010
That is way too complicated a question for a support board. If I'm reading right, you're married to an abusive person, pregnant and filing for divorce. So...you have a divorce lawyer then, probably. Ask her.
Other than that all I can say is keep exacting records of every thing he does that you deem abusive, get a child and women's welfare advocate on your side, file for sole and complete custody the moment the child is born and do NOT put his name on the Birth certificate. Do NOT even mention him to the staff of the hospital because they may mess up and put his name down somewhere for you (it happened with my son. A woman working at the hospital knew who I had been impregnated by, and put THAT name on the little blue card in the bassinet. THAT can be considered legal fathership when argued by an expensive lawyer).
I do wish you the best of luck, but you need real legal advice.
Kristine - posted on 06/28/2010
I am not sure if this is a law for the US or not but in Wisconsin if you are married they will not allow you to get a divorce until after the baby is born and they consider your husband to be the father until a dna test is done to prove otherwise. You might want to talk to a lawyer to find out about the laws where you live. Also, like Heather said, keep a journal and document everything. That will help you a lot.
Kerri - posted on 06/27/2010
My baby has not been born yet. But he is a very abusive person, we are currently married, filing for divorce this month, so by the time the baby is born, we will be divorced. I just dont want him to have anything to do with this child, for my sake and the childs. I am hoping that he cant force me to dna test my child, so I really dont have to let him see it. But I dont know how that works.
Heather - posted on 06/27/2010
are you in the states? if so, go to your local family services and file immediately for full and sole custody, and for child support if he is on the birth certificate. if he isnt on the birth certificate he has no rights to your child..he can request a paternity test if he wants to see the child ... in the meantime....
start keeping a journal, keeping mean voicemails, letters threats call the police and file a report when ever you can....whatever you can do so you can build a case in order to get a protection from abuse order for you and your child .... if he decides to get a test, then you already have all kinds of evidence against him to keep him from seeing you or your child. good luck.. i hope that everything works out for you...
Sandra - posted on 06/27/2010
In Canada, the family law act states that any person can ask for a paternity test but the person who is asking for the test has to pay for it.
My question to you is did you put him on the birth certificate as the father? If you have then he will be concerted the father until a paternity test is done. If you have not that is awesome for you. In Canada that gives you full custody of the child and him no rights until he proves he is the father. Therefore he would have to request the paternity test, pay for it and then he would get access.
The thing if he does take you to court is remember that you have the right to ask for the court case to be in your courts as the child resides in the jurisdiction. T he other thing to remember is to fight for supervised access and full custody. Full custody gives you the right to make all decisions for the child and supervised access makes sure that your child is safe. He will also have to pay for the supervision which detours a lot of men from seeing their children.
Also make sure you keep everything that pertains to him being abusive. This will help you in court too.
Let me know if you need clarification or more information.
Kerri - posted on 06/27/2010
I am trying to eliminate him from the equation, he is a physical and emotional abuser. And I dont want him to be part of this childs life, for my sake and the childs. I am just scared that if he takes me to court, he can force me to get a dna test..