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    mzap1984's Avatar
    mzap1984 Posts: 2, Reputation: 1
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    #1

    Jun 22, 2009, 06:49 PM
    Establishing perternity
    My husband signed my baby's birth certificate now another man wants a d.n.a test but my husband don't. How can the other man go about getting a test
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 22, 2009, 06:57 PM

    File a petition in Family court for custody of the child. The court will then order a paternity test.
    mzap1984's Avatar
    mzap1984 Posts: 2, Reputation: 1
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    #3

    Jun 22, 2009, 07:22 PM
    Quote Originally Posted by ScottGem View Post
    File a petition in Family court for custody of the child. The court will then order a paternity test.
    do that nessassory means he's going to get custody
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 22, 2009, 07:54 PM

    NO, it merely means it will show who legally is the father of the child.

    Then you will need to file for custody, most likely the real father ( who ever that is) will get at least visit rights and have to pay child support.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #5

    Jun 22, 2009, 08:07 PM

    If the other man wants a DNA test he goes to court and asks the judge to order one. The test will then be performed at a court approved site and the results sent to the court. After the results are read by the judge the other man, if not the father, will walk away and you and your husband go on. If the results show that the other man is the legal father then the because will be changed and he will be ordered to pay support and get a visitation order.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jun 23, 2009, 03:42 AM
    Quote Originally Posted by mzap1984 View Post
    do that nessassory means hes gonna get custody
    There are two types of custody; legal and physical. Legal custody means the person is considered the legal parent and is generally given a say in the child's rearing. Physical Custody refers to who the child lives with. So its likely he will be granted some level of legal custody. He may also be granted some visitation. On the other hand you will also file for child support if the paternity test is positive.

    A person generally can't just go to to court to ask for a paternity test. They have to file a petition for some level of custody and then the court will order a test.
    david wilcox's Avatar
    david wilcox Posts: 5, Reputation: 1
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    #7

    Jun 23, 2009, 09:04 AM

    This is like my situation , but in mi. because of the santity of marriage you have no say even in court even if the mother agrees to the test with me this is her husbands welfare ticket , he will not sign off or give me any legal right but s.s. says your biological kids are your family
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jun 23, 2009, 09:52 AM
    Quote Originally Posted by david wilcox View Post
    this is like my situation , but in mi. becasue of the santity of marriage you have no say even in court even if the mother agrees to the test with me this is her husbands welfare ticket , he will not sign off or give me any legal right but s.s. says your biological kids are your family
    As discussed in the thread you started, your situation may not apply to the OP. I think your problem is you didn't consult an attorney.
    tryintolive69's Avatar
    tryintolive69 Posts: 10, Reputation: -5
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    #9

    Jun 23, 2009, 10:00 AM

    mzap1984,if the other man gets a paternity test and it proves he's your child's father,your husband will leave you. And the other man can sue you for partial custody,and he will be ordered to pay child support. He doesn't necessarily have to go to the courts for a test,he can get one done at any laboratory that test blood for disease or give drug test. But they are expensive.
    jenniepepsi's Avatar
    jenniepepsi Posts: 4,042, Reputation: 533
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    #10

    Jun 23, 2009, 10:03 AM

    I have to spread the rep, but tryintolive69 is absolutely wrong. It is NOT A FACT that your husband WILL leave you simply because the other man is proven the father of your child. PLEASE give your husband the chance to do the right thing and do not automatically assume he will leave you.


    Good luck in your situation hon.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #11

    Jun 23, 2009, 10:20 AM
    Quote Originally Posted by tryintolive69 View Post
    mzap1984,if the other man gets a paternity test and it proves he's your childs father,your husband will leave you. and the other man can sue you for partial custody,and he will be ordered to pay child support. he doesn't neccessarily have to go to the courts for a test,he can get one done at any laboratory that test blood for disease or give drug test. but they are expensive.
    He has to go to court if he wants the test results for anything other than 'nice to know' information. A DNA test not ordered by a court has no legal grounds and will need to be redone for the court.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #12

    Jun 27, 2009, 09:33 PM
    Quote Originally Posted by tryintolive69 View Post
    mzap1984,if the other man gets a paternity test and it proves he's your childs father,your husband will leave you. and the other man can sue you for partial custody,and he will be ordered to pay child support. he doesn't neccessarily have to go to the courts for a test,he can get one done at any laboratory that test blood for disease or give drug test. but they are expensive.
    Quote Originally Posted by jenniepepsi View Post
    i have to spread the rep, but tryintolive69 is absolutely wrong. it is NOT A FACT that your husband WILL leave you simply because the other man is proven the father of your child. PLEASE give your husband the chance to do the right thing and do not automatically assume he will leave you.
    tryintolive69 is right... it happens in almost all cases as this one.
    It depends on where they live.In some states as Maine it is allowed a paternity claim to be filed at anytime.In other states as Michigan it is prohibited.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #13

    Jun 28, 2009, 04:02 AM
    Quote Originally Posted by GV70 View Post
    tryintolive69 is right...it happens in almost all cases as this one.
    It depends on where they live.In some states as Maine it is allowed a paternity claim to be filed at anytime.In other states as Michigan it is prohibited.
    He's right about what? That the OP's husband will leave? That's not a given, though it may be a likely consequence. That the bio father will ask for partial custody and have to pay support? That is a possibility, but, as you note, it depends on the state and the age of the child. That he doesn't have to go to the courts for a test? Do you know any court that would accept a non court ordered test as evidence?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #14

    Jun 28, 2009, 04:40 AM

    And I don't believe we even know that the legal father does not already know he is not the bio father, Fraud is done daily by men who sign the birth certificate knowing they are not really the father.

    And depending on how many years ago, an affair years past is a lot easier to forgive, I help couples get over current ones.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #15

    Jul 1, 2009, 07:18 AM
    Quote Originally Posted by ScottGem View Post
    He's right about what? That the OP's husband will leave? That's not a given, though it may be a likely consequence. That the bio father will ask for partial custody and have to pay support? That is a possibility, but, as you note, it depends on the state and the age of the child. That he doesn't have to go to the courts for a test? Do you know any court that would accept a non court ordered test as evidence?
    Hahaha-if you want some lessons in Introduction to Psychology or Introduction to socio-cultural anthropology-please send me PM:p
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #16

    Jul 1, 2009, 07:25 AM
    Is there a chance that this other man could be the father? Generally, when a man signs a birth certificate, that constitutes a legal establishment of paternity, especially when the mother is married to that man. Now the burden rests on this other man. If he insists, he can petition the court for an adjudication of paternity and that would entail a DNA test if he can get the court to order it. A lot would hinge on the individual circumstances. I have to wonder why there'd be any doubt as to paternity considering you're married and your husband willingly signed the birth certificate? The judge would want to know that first and foremost.

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