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mzap1984 · Jun 22, 2009, 06:49 PM

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 · 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 · Jun 22, 2009, 07:22 PM

Originally Posted by ScottGem

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 · 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 · 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 · Jun 23, 2009, 03:42 AM

Originally Posted by mzap1984

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 · 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 · Jun 23, 2009, 09:52 AM

Originally Posted by david wilcox

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 · 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 · 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 · Jun 23, 2009, 10:20 AM

Originally Posted by tryintolive69

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 · Jun 27, 2009, 09:33 PM

Originally Posted by tryintolive69

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.

Originally Posted by jenniepepsi

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 · Jun 28, 2009, 04:02 AM

Originally Posted by GV70

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 · 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 · Jul 1, 2009, 07:18 AM

Originally Posted by ScottGem

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 · 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.