Does my Husband and I need a lawyer to ask for a DNA test on his son from another woman? whom hes been paying child support

Asked over 2 years ago - Okemah, OK

we have been told by a few ppl that his son is not his, that the mother is claiming someone else as the biological father. at the time of the pregnancey he was not in state and was notified that she was pregnant. Therefore he has his doubts but it is a possibility that he could not be the father. we have been paying her support and she has refused him visitation. the child will be 3 yrs old in september

Additional information

he has court for child support again next month, and was goin to ask for a dna test but we have been told by a few ppl that since the child is 2 that it is to late. he has been going to court about every 3 months since the child was born. i have read online that since he has signed the paternity acknowledgement and birth certificate that he would not be able to get a dna test done, if the child is not his. what should we do about the money he as already paid. since he has never been able to see the child or have any contact with him. and if he is his, we would gladly keep paying whatever we can to child support.but we want visitation.

Attorney answers (1)

  1. David A Tracy

    Contributor Level 6

    Answered . It sounds from your question like the mother is collecting child support though the state child support enforcement office. That office does not handle custody or visitation issues. Your husband will have to ask for that from the district court by petition. As for parentage, your husband signed on to that claim when he filled out the Acknowledgement of Paternity. Are you sure your husband is listed on the birth certificate as the father? Double check that fact. Even if it is too late to challenge parentage, he may have a fraud claim against the mother for past and future support. There are a lot of unanswered questions which he should discuss with an attorney in person.

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