[hradeathdealer]

Can my ex sue force a paternity test even if my husbands name is on my daughters birth certificate?

[stinawords]

If he goes to court and the judge orders a DNA test then yes you will have to submit to a test. If he dosen't go to court then you won't have to but if he goes to court (especially with a lawyer) then chances are the judge will order it. Are you scared that your husband isn't the bio father? Because if you put your husbands name on the birth certificate and you knew he wasn't the father then that was fraud (a punishable crime).

[hradeathdealer]

No, Im pretty sure that my husband is the father, that's why he signed it. My ex thinks he is the dad and now wantes to see her after four years. Now he and his mother want a dna test to prove she is theirs.

[stinawords]

Well, let him go to court and have one ordered then. Until the judge orders a test you don't have to do one. If the test comes back that he is the father then he will get a visitation order and you will get a support order and the judge will order the birth certificate to be changed. However, if your husband is proven to be the father then nothing will change. But like I said he has to get into court before anything happens at all.

[hradeathdealer]

Is it possible that his mother could do this FOR him? Meaning, He has issues with the law, and wouldn't want to go to court. What are the chances of Visitation being granted to his Mom? She has only seen my daughter one time and NEVER tried to contact her. Yet all of a sudden wants a relationship just because he thinks this baby is his.

[hradeathdealer]

Im in Pennsylvania if that helps any. They live in Jersey.

[stinawords]

He would have to be the one to go to court and request the test be done. I don't know if those states have grandparent rights (mine does) but regardless at this point he has to be proven to be the father first. So, if he is scared to go to court because of run-ins with the law or whatever you may never have anything come out of this. But if his mother has enough money to pay for a lawyer for him then he might feel better about going to court. You know him better than I do. Being that I don't know him at all just the sterio-type.

[stevetcg]

Were you married (even if separated) from your EX when the child was conceived? If so, he is the legal father according to PA law.

In what state was the child born and what was your legal relationship status with your ex and the father?

And your other question: no, his mother cannot do anything for him.

[stevetcg]

Incidentally, the grandparents do not seem to qualify for grandparent visitation in PA:

When grandparents may petition - 23 Pa. Cons. Stat. § 5313 - Pennsylvania Attorney Resources - Pennsylvania Laws

[asking]

Which man were you legally married to when the baby was born?

[hradeathdealer]

I wasn't married at all. My ex was in Jail when my daughter was born, and we didn't have much of a relationship. I had her in New Jersey while I was visiting family (she came 2 weeks early) I came back to Pa after I was released from the hospital as this was always where I lived. I didn't marry the man I believe to be her father until 2006.

[hradeathdealer]

Incidentally, the grandparents do not seem to qualify for grandparent visitation in PA:

When grandparents may petition - 23 Pa. Cons. Stat. § 5313 - Pennsylvania Attorney Resources - Pennsylvania Laws

WOW really? That baffles me even more as to why they are trying this. She has seen my kid once, has never acted in my place, and the one time she did see her I was there from start to finish.

[stevetcg]

According to what I have found, your ex may not be able to sue for paternity. I believe there is a 6 month statute of limitations on contesting an acknowledgment of paternity, which I assume your husband signed (if you had not yet married) when the child was born.

It does not appear as if he has a case. And clearly his mother has even less of one.

[hradeathdealer]

Thanks Stevetcg and to everyone else that helped me out. I really appreciate your help♥♥