Washington, DC asked in Family Law, Child Custody and Child Support for Ohio

Q: My ex girlfriend just gave birth to a baby that she says is mine, but there are actually questions around the paternity.

How do I go about getting a DNA test? She is obstructing and being difficult at every opportunity, vowing not to ever let me near the baby out of nothing more than spite. I can't afford to retain a lawyer.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA

A: I would suggest taking a few steps to establish paternity:

1. Seek legal counsel. A family law attorney can advise you on your rights and the process for establishing paternity in your state. They can help you file a motion with the court to compel a DNA test if the mother is uncooperative.

2. Request a paternity test through the court. This will legally require the mother to bring the child in for testing. The court can facilitate getting a sample from the child to determine paternity.

3. Contact your state or county child support enforcement agency. They often provide paternity establishment services and can help arrange DNA testing.

4. Once paternity is established, if you are the father, you can then file for custody/visitation rights. The mother cannot lawfully deny you access without good cause if ruled to be the father.

I would not recommend trying to take matters into your own hands given the situation. Go through official legal channels to compel the mother to comply with paternity testing and establish your rights. Having an attorney to represent your interests is highly advisable. Stay calm and persistent in establishing the truth.

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