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Can a paternity suit be filed if paternity has already been determined by another father?

Adrian, MI |

I gave birth 2 months ago, the man I thought to be the father and I did a personal at home dna test between him and my daughter. The results turned out showing that he is the father. But my question is there was another man that thought he was the father when I first found out I was pregnant, he chose to not be in my life during the entire pregnancy but in the beginning did threaten to file a paternity suit and file for custody. Seeing that a dna test has already been done and he is clearly not the father is he still able to file a suit? If so is there a way that I can counter it preventing the paternity test?

Attorney Answers 2


  1. Confusing. If the man who is not the father has not filed a paternity action, or has not signed an Affidavit of Parentage or Acknowledgement of Paternity, then you and the biological father can execute and file an Acknowledgement of Paternity. Until the non-father is legally determined to be the biological father (by one of the methods above), he has no rights. Consult with a family law attorney who will be able to better assess the issue once more facts are disclosed.

    Neil M. Colman
    www.divlawyer@gmail.com
    586.254.1100

    Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.


  2. These "home" DNA tests are not
    proof of anything as they are not
    "accurate." You'll need a DNA test
    from a legitimate labratory. You
    can settle things afterwards!

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.

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