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JayP22 · Mar 26, 2012, 03:16 PM

My boyfriend of almost 9 years denies sleeping with this girl which at the time we were separated, but she got pregnant and is saying the child is his. He denies it's his child and wants to do a paternity test but the mother of the child will not agree. The baby is now 2 months old and the mother of the baby named him after my boyfriend. Can he take her to court for the paternity test since she named the baby after him without his consent? What are his rights?

odinn7 · Mar 26, 2012, 03:24 PM

Someone who knows actual law will be around soon enough but I need to say some things...

Does she really need his consent to name the baby "after him"? It's just a name.

Is she asking for support? If she's not, then a paternity test may be a bad idea... what if it comes back that he IS the father?

ScottGem · Mar 26, 2012, 04:03 PM

This is a legal question so has been moved from the children forum.

A parent is allowed to name their child whatever they want. But unless she is listing him as the father or asking for child support I don't see the grounds for demanding a paternity test. However, if there is anything happening that identifies him legally as the father, then he will have the right to demand a paternity test.

Fr_Chuck · Mar 26, 2012, 04:04 PM

She can name the baby anything she wants,

He will just need to file a motion in family court for a DNA test, she can not refuse a court order

cdad · Mar 26, 2012, 05:18 PM

He files for visitation based on the fact the child "might" be his. That way he can get a court ordered DNA test. She can not refuse.

JayP22 · Mar 26, 2012, 06:55 PM

Ok well if it turns out not to be his child can he force her to change the baby's name since its not his?

Fr_Chuck · Mar 26, 2012, 07:02 PM

No, a mother is free to name her child any name she wishes, He has no control over that.

JayP22 · Mar 27, 2012, 01:38 AM

So she can honestly make the baby a junior n use his last name of its not his? That doesn't seem right or fair

J_9 · Mar 27, 2012, 02:44 AM

I could name my child Michael Jackson for example. Junior is just a title, not part of the actual name.

JayP22 · Mar 27, 2012, 05:32 AM

Does he need the mother of the baby consent for an OTC paternity test or can he just buy it and do it himself?

J_9 · Mar 27, 2012, 05:43 AM

Originally Posted by JayP22

Does he need the mother of the baby consent for an OTC paternity test or can he just buy it and do it himself?

An OTC paternity test won't do anything but cost you money as it is not recognized by the court.

JayP22 · Mar 27, 2012, 05:47 AM

He doesn't care if it is recognized by the court he just wants to know if he is the father. If he is or isn't either way he wants nothing to do with the child he is taking it to stop drama not for visitation or rights of the child. Is it illegal to do an OTC test without the consent of the mother?

JudyKayTee · Mar 27, 2012, 06:01 AM

No, it's not illegal. Keep in mind that the results are not 100%, which Court-recognized testing is.

If he wants nothing to do with the child ("if he is or isn't either way he wants nothing to do with the child")why is he taking the test?

There will be no drama if either party takes the other to Court.

AK lawyer · Mar 27, 2012, 06:21 AM

Originally Posted by JayP22

Does he need the mother of the baby consent for an OTC paternity test or can he just buy it and do it himself?

How does he expect to do it himself without a DNA sample from the cihld?

ScottGem · Mar 27, 2012, 06:46 AM

Originally Posted by JayP22

Does he need the mother of the baby consent for an OTC paternity test or can he just buy it and do it himself?

First, as AK noted, a DNA match requires two samples. Unless the mother is allowing him visitation how would he get a sample from the child?

Second, If he doesn't have access to the child ans would be the case if he is denying it is his, then an OTC test would do no good since it would require the mother to consent to supply a sample.

JudyKayTee · Mar 27, 2012, 07:25 AM

I didn't catch the part where he doesn't see the child. I believe he can do home DNA testing using saliva of the child (and, of course, himself) without the mother's consent. Of course, the test isn't Court-recognized but...

AK lawyer · Mar 27, 2012, 08:49 AM

Originally Posted by JudyKayTee

I didn't catch the part where he doesn't see the child. I believe he can do home DNA testing using saliva of the child (and, of course, himself) without the mother's consent. Of course, the test isn't Court-recognized but ...

True, but it's hard to imagine how he would get a saliva sample. It's done on TV using subtrafuge, but...

Generally he would have to be in the same place with the child and then steal a baby bottle or something. :)

JayP22 · Mar 27, 2012, 08:56 AM

He only sees the child if the mother drops the baby off at the grandmothers (my boyfriends mothers house).

Fr_Chuck · Mar 27, 2012, 09:52 AM

This is the deal, the OTC test is not 100 percent. And how would that stop any drama, mother can claim he never did it, or had someone else do the test, not the child. A OTC test proves nothing and will not stop any drama.

Next sorry, but if he is, the father and the mother proves it though the court, he will be writing a check every month for the next 18 years.

ScottGem · Mar 27, 2012, 10:01 AM

In your original question you stated he is denying the child and his upset over its name. You asked what his rights are. We told you he has none unless she tries to support from him.

If he wants to do an OTC to see, in his own mind, whether its his child or not then he can get a sample while the child is at the grandmother's (apparently your boyfriend's mother thinks it his child). But that is the ONLY thing the OTC will do, give him a probability that the child is his. Then he can decide to pursue visitation and ask that the court order a test. Or the mother can pursue support and he can demand a test be done first. That's the story.