Question:
After our divorce I did a paternity test that revealed our child was not biologically mine.
I have suspicions of who is the biological father.
Is there a way I can force this man to take a paternity test or somehow have my ex-wife admit to who is the biological dad?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.
In most states a child is presumed to be a biological child of the parties to a marriage. Thus, if you do nothing the law will assume you are the dad.
In order to defeat this presumption, you would need to bring a paternity action to determine the biological father. A paternity action could be as part of a divorce or a separate action.
This action needs to be commenced within a certain time period after the child’s birth. This time period varies by state.
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If you do not bring an action within the time period, the child will be considered your child regardless of what a paternity test demonstrates. In other words, the child will be considered legally your progeny even if a DNA test conclusively demonstrates otherwise.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Minnesota Divorce Lawyer Andrew J. Laufers, contact Cordell & Cordell.
