My ex who likes to cause problems has found out i had another child . He does not like my finance and is stating he is filing paperwork to ask for a paternity est threw the courts here in MN . If my finance and i both signed the TOP can he actually even ask for a DNA test ? Can he challenge paternity in MN if both my finance and i state in front of the judge that my finance is the father ?
Family Law Attorney
By "TOP," I'm assuming you mean that you signed termination of parentage forms, thereby allowing the child to either go into the adoption system or to actually be adopted by another party. The short answer to your question is simple - if your ex can make a factual claim that he had sexual relations with you during the time you became pregnant, he certainly can file a paternity petition and demand a DNA test. The court would grant such a request if they find the claim credible. It doesn't matter if you and your current boyfriend claimed he was the father - it only matters whether your ex can reasonably claim that he COULD be the father. If he can, he'll get his DNA test. Also, the TOP would be undone, along with any subsequent adoption activity.
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1 lawyer agrees
Attorney Corbin is correct, and the law in the state of Minnesota on this issue is in the minority and rather poor. If the correct factual allegations are made concerning the requisite sexual contact, proximity to conception and there is a dispute as to paternity, regardless of statutory presumptions, the answer is a horrifying YES.