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View Full Version : Do I have to voluntarily have a paternity test?


curiositykills
Aug 20, 2007, 12:15 PM
I am married and have left my husband for the(probable) father of my unborn child. My state will not grant a divorce while I am pregnant unless I have a paternity test prior to the birth of the child. I am not absolutely sure my husband is not the father. I make enough to support my child alone and would not pursue child support from either man. I want to wait until my child is born and ALLOW a swab test at that time. I am high risk already and the prebirth test would increase my risk of miscarriage.

Do I have to submit to a paternity test now and if the paternity test is forced on me by my husband after delivery who is responsible for the cost if I am not pursuing any child support and never would?

ScottGem
Aug 20, 2007, 12:39 PM
You need an attorney. These are fine points of law that I don't think anyone here could advise specifically on.

GV70
Aug 20, 2007, 01:37 PM
I am married and have left my husband for the(probable) father of my unborn child. My state will not grant a divorce while I am pregnant unless I have a paternity test prior to the birth of the child. I am not absolutely sure my husband is not the father. I make enough to support my child alone and would not pursue child support from either man. I want to wait until my child is born and ALLOW a swab test at that time. I am high risk already and the prebirth test would increase my risk of miscarriage.

Do I have to submit to a paternity test now and if the paternity test is forced on me by my husband after delivery who is responsible for the cost if I am not pursuing any child support and never would?
Where do you live?What are your relationships with both men?BTW it does not matter you would not pursue child support.

Fr_Chuck
Aug 20, 2007, 05:51 PM
Normally NO, they can not force you to take a test before the cihld is born, Now that also means you can not get a divorce until you take the test, so you will have to wait for the birth of the child to get a divorce.

So merely put the divorce on hold and have the test and divorce after child is born

GV70
Aug 20, 2007, 08:53 PM
curiositykills disagrees: Missouri. My 23 year old college graduate husband is living in the home I paid for and I'm living elsewhere. High IQ and no Common Sense. That's me.
High IQ?hmm
I cannoot understand what you disagree... In Missoury the husband is presumed to be the father and his name has to be on the child's birth certificate.To disestablish your husband's presumtion it needs to rebut this presumption.The child support does not matter when paternity is disputed.
If you have good relationships with both men and your husband is not the father you will be able to sign a"three party agreement" to transfer paternity rights and obligations from your husband to your lover.Other way is to go to Court.The court may or may not /if your husband resists / to order DNA tests.

ScottGem
Aug 21, 2007, 05:29 AM
Just a point here, you should check these guidelines on using the comments feature:

https://www.askmehelpdesk.com/feedback/using-comments-feature-24951.html

I don't understand your rating of GV's response either.

GV70
Aug 21, 2007, 09:02 AM
I don't understand your rating of GV's response either.
I understand... ;) It is my fault and I feel guilty myself that I try to share my knowledge/L.L.B. MA in Psyhology and Anthropology and Ph.D/ and my long time experience on the field of Family law,children at risk, and troubled families.:(

curiositykills
Aug 21, 2007, 10:49 AM
Where do you live?What are your relationships with both men?BTW it does not matter you would not pursue child support.

I should have elaborated. You asked more questions rather than responding with an answer. I was not impuning your advise. I'm in no position to impune or question anyone's advise. I was just looking for a straightforward answer. Do I have to have my child tested. I really don't care who the father is. My husband is the only one that cares and I don't really know why since he does not want children and I am giving him the perfect out. Please forgive me if I offended.

ScottGem
Aug 21, 2007, 11:09 AM
I should have elaborated. You asked more questions rather than responding with an answer. I was not impuning your advise. I'm in no position to impune or question anyones advise. I was just looking for a straightforward answer.

What you may not understand is that you can't always get a straightforward answer. There are too often nuances that require more info before we can give an answer.


Do I have to have my child tested. I really don't care who the father is. My husband is the only one that cares and I don't really know why since he does not want children and I am giving him the perfect out. Please forgive me if I offended.

You said the state will not grant a divorce until paternity is established. So if you want the divorce, then you have to establish paternity.

GV70
Aug 21, 2007, 11:17 AM
I should have elaborated. You asked more questions rather than responding with an answer. I was not impuning your advise. I'm in no position to impune or question anyones advise. I was just looking for a straightforward answer. Do I have to have my child tested. I really don't care who the father is. My husband is the only one that cares and I don't really know why since he does not want children and I am giving him the perfect out. Please forgive me if I offended.
Please-use your "HIGH IQ"-there are 50 states and every state has his own legislation... How do you think-is it possible to give a straightforward answer without any information which refers to the specific state law?The answer depends on the state legislation .
OK-please give me a straightforward answer of my question-Do I have rights to be elected as a President of the USA?Are you able to give me the straightforward answer if you do not know when and where I was born?And if you ask me about these conditions I will answer-I totally disagree with you because you do not give the straightforward answer.Who are you to ask questions?I need of answer only.