Saturday, May 10, 2014

Can I refuse paternity test

Q:  I had an affair and got pregnant a few years ago. My husband knew about it and knows the possibility that the child is not his. He has accepted this and the child. Now the other guy who is in another state is trying to get a dna to see if the child is his but I don't want him to have anything to do with the child since my husband and I have been raising her.Can I refuse this? If not and he is the father since I am married and she was born in another state can I refuse him the right to see the child?

A:  David's Answer:  Assuming you were married at the time of conception, there's a presumption of legitimacy that the Court would need to overcome prior to ordering the DNA test. As such, you're entitled to a paternity trial prior to the Court ordering the DNA test. You should hire a lawyer who has conducted such trials in the past. Call a Family Law attorney in your area for a consult.  -- David Bliven, Westchester Family Law attorney (

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