[ldixiecupl]

My child has a father listed on her birth certificate and he has been her father almost 3 yrs now an ex boyfriend is trying to say she is his and demanding a dna test and trying to sue for temporary custody does he have any rights and will I be ordered to give him a dna test?

[GV70]

It depends on your location.
If you live in Ohio/ for example/ your ex boyfriend has right to do it.
If you are in California,there is 2 years statute of limitation.
Without knowing your location I cannot give you a straight answer.

[ScottGem]

ANY question on law needs to include your general locale as laws vary by area.

This is very much the case in your situation. If a person signs the birth certificate or an acknowledgment of paternity they are deemed the LEGAL father unless challenged. Generally the law allows such a challenge, but only under specific circumstances. In one state it has to be mounted before the child is 23, As GV pointed out it has to be mounted within 2 years in CA. So there is a possibility that the ex boyfriend can get a DNA test ordered.

If the DNA test is ordered and he is determined to be the bio father, it is unlikely he will get anything more than visitation.

[ldixiecupl]

I am sorry I thought I had included that info I live in Nebraska now but my child was born in Nevada.

[this8384]

While I admire GV70's advice and would never question him, I'd like to point out that your ex could claim he had no idea you were pregnant, that he just learned of the child and that he believes she is his daughter.

Wisconsin also has a 2-year SOL on contesting paternity and clearly states on the paternity acknowledgment that if you sign, you are waiving your right to a paternity test and accept the child as your legal responsibility. That being said, a judge recently allowed a man to contest paternity on a child for whom he had already signed a paternity acknowledgment.

Yes, there are laws but judges bend them sometimes.

[GV70]

43-1411. Paternity; action to establish; venue; limitation; summons.

A civil proceeding to establish the paternity of a child may be instituted, in the court of the district where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act, where the alleged father is domiciled, by (1) the mother or the alleged father of such child, either during pregnancy or within four years after the child's birth, unless (a) a valid consent or relinquishment has been made pursuant to sections 43-104.08 to 43-104.25 or section 43-105 for purposes of adoption or (b) a county court or separate juvenile court has jurisdiction over the custody of the child or jurisdiction over an adoption matter with respect to such child pursuant to sections 43-101 to 43-116 or (2) the guardian or next friend of such child or the state, either during pregnancy or within eighteen years after the child's birth. Summons shall issue and be served as in other civil proceedings, except that such summons may be directed to the sheriff of any county in the state and may be served in any county.


Section 43-104.02
Child born out of wedlock; paternity claim; filing requirements.

As provided in section 43-104.01, a person claiming to be the father of the child and who intends to claim paternity and obtain custody of the child shall file with the biological father registry maintained by the Department of Health and Human Services Finance and Support on forms provided by the department, within five business days after the birth of the child, or within five business days after receipt of the notice contemplated in section 43-104.12, or within five business days after the last date of any published notice provided pursuant to section 43-104.14, whichever is later, a notice of intent to claim paternity and obtain custody. Such notice shall include the social security number of the person claiming to be the father. A notice of intent to claim paternity and obtain custody of the child shall be considered to have been filed if it is received by the Department of Health and Human Services Finance and Support or postmarked prior to the end of the fifth business day contemplated in this section.


Section 43-1414
Genetic testing; procedure; confidentiality; violation; penalty.

(1) In any proceeding to establish paternity, the court may, on its own motion, or shall, on a timely request of a party, after notice and hearing, require the child, the mother, and the alleged father to submit to genetic testing to be performed on blood or any other appropriate genetic testing material. Failure to comply with such requirement for genetic testing shall constitute contempt and may be dealt with in the same manner as other contempts. If genetic testing is required, the court shall direct that inherited characteristics be determined by appropriate testing procedures and shall appoint an expert in genetic testing and qualified as an examiner of genetic markers to analyze and interpret the results and to report to the court. The court shall determine the number of experts required.

[ScottGem]

It would appear that the boyfriend can probably force a DNA test. If the test shows him to be the bio father, he can file to be declared the legal father and obtain parental rights to the child. The extent of those rights will probably be some level of visitation.

I would consult a attorney, especially if he has engaged one.

One question here (as alluded to by This8384) is whether he was aware that you were pregnant.