Q: Can paternity test on child from different relationship and sperm count be used as evidence against paternity?
I am 24 year, and my ex-boyfriend is 42 years old. I had a affair with a 44 year old while on vacation returned home and one thing lead to another and ended up having sex with the both within the conception week. After delivery of our 6 month old me and 42 year old ex had paternity test through state, he was not excluded. We disputed the results and had second home test. State of child born is seeking child support, my ex is having legal representation against paternity based on claims. It is a fact through the state that he has legal representation and is disputing paternity not support amount. Claim 1) He has child from previous marriage, he had the child blood paternity tested for legal use. He is that child's dad but the numbers associated with his genes are not even close to the same, so he says. Claim 2) He had a doctor do a sperm count and doctor firmly beleives it is very unlikely he could have impregnate me. At first glance what are some thoughts. Please, any advice?
A: Sperm count does not determine Paternity. A home Paternity test kit will not be accepted as evidence of a positive or negative DNA test. It is necessary to have a licensed lab conduct a second Paternity test to either preclude or establish Paternity.
A: I agree with Mr. Kaplan.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
