Can my ex request a paternity test even if my finance and i signed the TOP ? and do not give our connect for a DNA test ?

Asked almost 2 years ago - Mankato, MN

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 ?

Attorney answers (2)

  1. Michael J Corbin

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more
  2. James CW Bock

    Pro

    Contributor Level 14

    Answered . 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.

Related Topics

Paternity and child custody

Establishing paternity is a legal way to determine the biological father of a child. This helps decide issues related to child support and child custody.

Parental rights in child custody

Parental rights includes the rights a parent has in regards to his or her children. Mothers, fathers, and unmarried parents are sometimes treated differently.

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