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Can I be forced to take a paternity test if another man is listed as the father on the child's birth certificate?

Gastonia, NC |

I live in North Carolina and just before the baby was born the mother moved to Virginia, last I heard the mother had moved to Florida. So I'm not sure which state's laws would apply. The mother and I were intimate around the time of conception, but she was also with at least one other person as well. The child was born around the beginning of 2008. From the moment she found out I found out she was pregnant until two to three years after the child was born she adamantly claimed I was not the father and another man and her claimed he was. She at one point called me claiming the child really was mine and kept trying to urge me to sign paperwork acknowledging this legally. I refused because I wasn't sure. I wasn't willing to be a parent then and I'm not now. That was the reason we broke up.

Attorney Answers 3


  1. It might be a bit late for them to challenge paternity, since the child is 5 years old and the birth certificate lists someone else.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com


  2. Sounds like the other guy legitimated the child. Your question was whether you can be forced to take a paternity test. You didn't really provide enough procedural background to answer that question. In some situations, the court can order a paternity test. If you receive a Court Order, you better have a lawyer or comply with the order.

    The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation. If you would like to speak with Attorney Matthew V. Silva, please call Silva and Sweet, PLLC at 910-333-9833 or visit www.silvaandsweet.com.


  3. Asking you to step forward is not the same as seeking to compel your involvement in a paternity action. Until the latter happens, as you are not interested in knowing or being a father, leave it alone. Should a paternity action arise, seek counsel.

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