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Old 06-25-2012, 10:57 AM   #1
maryland123
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Default Paternity rules... why are they allowing the dna test?

A mother was still legally married although separated at the time her baby was born, but the husband is not the father. She has to list him on the birth certificate as the father. She is now divorced (didn't get the court date until 1 month after the baby was born). She needed state aid so they filed for support against her husband who is the legal father. He demanded a dna test and the court okayed it.

Isn't it a law that someone other than the parent can only challenge the paternity? If it is, then why are they allowing the dna test? If it isn't, then once he is proved not to be the father, does that mean his name gets taken off the birth certificate and he is off the hook for support?
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Old 06-25-2012, 11:11 AM   #2
AFFA
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Default re: Paternity rules... why are they allowing the dna test?

I wish to inform you that husband can file a suit for dna testing so that he is not held as father. In this regard husband is directly interested in the result. Generally only mother or her husband or biological father files petition for determining paternity.

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Old 06-25-2012, 11:15 AM   #3
maryland123
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Default re: Paternity rules... why are they allowing the dna test?

Okay thanks. So once he is proved to not be the father, then what happens?
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Old 06-25-2012, 01:49 PM   #4
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Default Re: Paternity rules... why are they allowing the dna test?

AFFA rarely if ever returns to a topic he has posted on. furthermore his answers are rarely correct and often just raise more questions
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Old 06-25-2012, 02:36 PM   #5
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Default Re: Paternity rules... why are they allowing the dna test?

Quote:
Originally Posted by maryland123 View Post
A mother was still legally married although separated at the time her baby was born, but the husband is not the father. She has to list him on the birth certificate as the father. She is now divorced (didn't get the court date until 1 month after the baby was born). She needed state aid so they filed for support against her husband who is the legal father. He demanded a dna test and the court okayed it.

Isn't it a law that someone other than the parent can only challenge the paternity? If it is, then why are they allowing the dna test? If it isn't, then once he is proved not to be the father, does that mean his name gets taken off the birth certificate and he is off the hook for support?
If the court okayed the DNA test, then there is the possibility he will be declared not the father. And therefore off the hook for support. A putative father CAN demand a dna test if he questions paternity of one of the children born during the marriage. A husband is presumed to be the father of the children born during the marrige -- but that presumption can be rebutted. It is customary to do that before the divorce decree is entered, however, for judges are reluctant to go back behind a decree and allow issues as important as paternity to be raised after the fact.

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Old 06-25-2012, 02:58 PM   #6
maryland123
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Default Re: Paternity rules... why are they allowing the dna test?

Okay thanks. No, it was not addressed in the divorce, it was completely left out. Which was weird. Anyway, so if and when the ex-husband is found not to be the father, it then leaves open for the mother to open a paternity case against the assumed biological father?
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Old 06-25-2012, 04:04 PM   #7
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Default Re: Paternity rules... why are they allowing the dna test?

Yes, she can now name the bio father and he then will be tested.
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