Q: My ex-wife is trying to do a DNA test on my daughter, without my consent. Can she legally do this?
I have full custody, my daughter is 10. I refused a dna test because it does not matter to me, but I am unsure if she is mine or not. My daughter already has a lot of issues with mental health because of her mother, and is part of the reason I have full custody. The court has already strongly suggested to my ex-wife that she not tell my daughter. My ex-wife told the other family that carly is their relative. But the other supposed dad wants nothing to do with it. It's the supposed grandmother that is wanting a dna test. All of this has been going on behind my back until today when my ex-wife texted me that she was introducing my daughter and that I had no say. My ex-wife only gets my daughter every other weekend. I am unsure what I should do about it. I know it will ruin my daughter and I feel helpless. Please help!
A: The court can't do much about what the mother says, other than to possibly order her not to. You should seek the advice of a local family law attorney, but truthfully, at least half this issue is about something you and the court has little control over. You could refuse to consent to a DNA test unless court ordered; I'm not sure she would have a legitimate claim to ask the court for one given that your daughter is already 10 years old, and very generally you cannot change paternity at this point. However, nothing would really stop her from buying and using an over-the-counter DNA kit.
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