My husband has a case with Domestic Relations and the case is going to close soon. But now that it is going to be closing, my husbands ex and his son has been going to family members saying my husband is not even the father of her son and that she was only using him because she knew he believed that was his child. We have contacted Domestic Relations about what is being said, but they said because he is 18 it is really to late and cause he signed the birth certificate at birth. Is there anything we can do, cause we are not familiar with stuff like this with paternity testing.
Divorce / Separation Lawyer
That sounds like a really hurtful situation. Normally a court Order for a DNA test is begun at the Domestic Relations Office (DRO) which I understand from your summary has already refused to do one because of the child's age, that support has been paid for a long time and that an acknowledgement of paternity was signed at birth. The likelihood of having a court ordered DNA test seems small under these circumstances. but if this is really disturbing him he could consult with an experienced family law attorney to review his particular situation, determine his options. and .then weigh the pros and cons of proceeding down that path.
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It's called the Presumptive Father Doctrine. Even if the child is not actually the husband's, if it was born during the marriage, then it is presumed to be the husband's child. Also, it sounds like the passage of time has precluded any further look into paternity at this point. You could speak with a reputable attorney about looking further into this, but it would all depend on the specific facts of the case and how much time has passed since this became an issue.
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