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Can he take her to court for a paternity test?

Asked Mar 26, 2012, 03:16 PM — 25 Answers
My boyfriend of almost 9 years denies sleeping with this girl which at the time we were separated, but she got pregnant and is saying the child is his. He denies it's his child and wants to do a paternity test but the mother of the child will not agree. The baby is now 2 months old and the mother of the baby named him after my boyfriend. Can he take her to court for the paternity test since she named the baby after him without his consent? What are his rights?

25 Answers
JudyKayTee's Avatar
JudyKayTee Posts: 45,328, Reputation: 23503
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#21

Mar 27, 2012, 02:05 PM
Quote:
Originally Posted by AK lawyer View Post
True, but it's hard to imagine how he would get a saliva sample. It's done on TV using subtrafuge, but ...

Generally he would have to be in the same place with the child and then steal a baby bottle or something.

Not that I have any experience in this type of thing but a friend's dog told me that you swish the swab around in the baby's (drooling) mouth and that's that.

As I said, not that I would know.

And, yes, the argument would be that it was the dog's saliva.
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Alty's Avatar
Alty Posts: 22,569, Reputation: 26595
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#22

Mar 27, 2012, 03:00 PM
Quote:
My boyfriend of almost 9 years denies sleeping with this girl
I'm a bit confused. Why does he want a DNA test when he didn't have sex with her? You stated that he wants to know if he's the father. Well, in order for him to be the father, he'd have to have had sex with this woman. If he didn't, which is what you said in your original post, then I don't understand what the issue is.
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JudyKayTee's Avatar
JudyKayTee Posts: 45,328, Reputation: 23503
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#23

Mar 27, 2012, 04:48 PM
Quote:
Originally Posted by Alty View Post
I'm a bit confused. Why does he want a DNA test when he didn't have sex with her? You stated that he wants to know if he's the father. Well, in order for him to be the father, he'd have to have had sex with this woman. If he didn't, which is what you said in your original post, then I don't understand what the issue is.
Good point - excellent point, in fact - but I read that the "father" wants the DNA test in connection with the mother naming the child after him and what can he do about it - ? The answer, of course, is nothing.

Maybe the DNA will prove he's not the father.

I think the "average" person would simply say he's not the father and see if the mother pursues a Court action.

But then again - who knows.
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DoulaLC's Avatar
DoulaLC Posts: 8,463, Reputation: 8041
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#24

Mar 27, 2012, 05:06 PM
Does he want the test done or do you want the test done? If he didn't sleep with her, end of story. He has nothing to worry about and the two of you shouldn't be concerned about it.

However if you don't believe him about not sleeping with her, perhaps you want the test done.

Odd that the baby sometimes goes to his mother's house if he can't be the father since he didn't sleep with her. How is she the grandmother if he is not the father??
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ScottGem's Avatar
ScottGem Posts: 58,007, Reputation: 28105
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#25

Mar 27, 2012, 05:25 PM


Quote:
Originally Posted by DoulaLC View Post
Does he want the test done or do you want the test done?

However if you don't believe him about not sleeping with her, perhaps you want the test done.
Bingo!

Quote:
Originally Posted by DoulaLC View Post
Odd that the baby sometimes goes to his mother's house if he can't be the father since he didn't sleep with her. How is she the grandmother if he is not the father??
Another good question.
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JudyKayTee's Avatar
JudyKayTee Posts: 45,328, Reputation: 23503
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#26

Mar 28, 2012, 06:48 AM
Well, "Doula" certainly summed it all up - and very well.
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