Carrollton, KY asked in Family Law for Kentucky

Q: Can you order a DNA at anytime in the state of KY?

My husband has always had suspicions about the paternity of a child that was born during his marriage to his first wife. My husband does not have any contact with this child because his ex-wife never allowed him to. As a matter of fact, this child does not even acknowledge my husband is his father. He thinks the man that she left my husband for and ended up marrying is his father. We now live in another state, the ex-wife and child are still in KY. We have had several people tell us that my husband is not this child's father. My question is can we have the court order a DNA test to find out for sure? They have been divorced for the past 9 years and the child is now 10. There are circumstances surrounding the child's birth and honestly he should have questioned at the time of birth and if not then definitely when she divorced him. What would happen if we get a DNA test on our own rather than through the courts; if it turns out he is not the father, can he revoke his paternity?

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1 Lawyer Answer
Richard J. Head
Richard J. Head
  • Louisville, KY
  • Licensed in Kentucky

A: Wih a nine year old child it is doubtful the courts would order a paternity test, and even if you had one done privately, the court would probably still require your husband to pay child support. The issue is the best interest of the clild, and usually it is in the best interest of the child that support be paid.

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