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    jason1980's Avatar
    jason1980 Posts: 2, Reputation: 1
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    #1

    Jul 10, 2010, 11:36 PM
    Dna test
    Me and my wife were married and had a son he is 4 now and she is saying he is not mine and trying to make me forced to do a court ordered DNA test is there anyway to go about getting out of takeing the test
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Jul 10, 2010, 11:52 PM

    If it is court ordered you will have to take the test. I assume you do have an attorney.
    jason1980's Avatar
    jason1980 Posts: 2, Reputation: 1
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    #3

    Jul 10, 2010, 11:55 PM
    Comment on J_9's post
    Yes I have one but have not talked to him yet after all these yrs she tells me now he is not mine but that don't matter to me I still love him no matter what and don't want to lose him so why should I be forced to take this test when I'm on the birth ce
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 11, 2010, 05:07 AM

    First, please don't use the Reply button to post follow-up. We are experimenting with a new interface that has some issues. Use the Answer This Question options at the bottom of the thread.

    If she goes to court and gets a court to order the test you will have no choice. Until a court orders it, you do not have to submit.

    Laws vary by location so whenever asking a legal question you need to give the general area where you live. This is especially true here. Almost all areas have laws that state when a child is born to a married couple the husband is presumed to be the legal father. Especially when the husband signs the birth certificate and raises the child as his own.

    The difference comes in challenging paternity. In many areas there is a window of time when the husband's paternity can be challenged. There may also be limitations on who can challenge it. So its very possible that a paternity test would be a moot point. Since you are (almost definitely) the legal father and you want to continue to be the legal father whether you are the biological father or not, then you may be able to fight having a test done. Even if the test is ordered and shows you not to be the bio father, you would still continue to be the legal father and may be able to hold off any challenges to your status.
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