Q: Can ex-boyfriend request court to order DNA test on my child without my consent?
Six years ago, before we were married, my husband and I had a child. When we married two years ago, he signed a VAoP and is on her birth certificate and is her legal father. An ex-boyfriend has contacted me out of the blue stating that he believes she is his child and wants proof that she's not. He says he will get an attorney to have the court order a DNA test if I don't just agree to have one done. Will the court agree to subject my child to a test or is her birth certificate proof enough of her parentage?
A: DNA testing is not invasive and since the law places a high value on parental rights, I suspect the court will order testing IF the boyfriend can demonstrate/prove there is a plausible chance he could be the father. If the tests confirm paternity, he will also be ordered to pay child support. Consult an experienced family law attorney for specific advice on your situation.
Marjorie A Bristol agrees with this answer
A: There may be other factors that will affect whether a court will grant your ex the right to DNA test the child. The court may not want to exclude your husband as the father. You should consult an attorney to help you fight this if that is what you wish. If your ex is established as the father, he will also be responsible for back child support and may also seek visitation or custodial rights. This is not something that you want to try to handle without an experienced attorney to help you. Best of luck!
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