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How can my husband get a paternity test done on a child he may have fathered if the mother is unwillingly to agree to the test?

Los Angeles, CA |

The mother claims the child is my husband's. He is unsure of the truth of her claim because she had said she was already pregnant at the time of their relations. During her pregnancy he asked for a paternity test. The child in question is 6.5 yrs old. The last contact we've had with the mother was in 2009 when she again refused to cooperate with us on arranging a time and place to do a paternity test.

Attorney Answers 2


  1. File a complaint to establish a parental relationship, and request genetic testing.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship. **************CAUTION*************** CAUTION*************** CAUTION ****************** CAUTION************ Readers should be cautioned that AVVO cannot be relied on as they have a corrupt and dishonest rating system. AVVO routinely allows "client reviews" to be posted by individuals that are not "real" clients. AVVO does not ensure that the public receives truthful accurate information.


  2. If he is the father he will be required to support the child for 12 more years--and maybe have to repay an public support Mom has received.

    The cost of genetic testing (which will be ordered if husband files a paternity action) is non trivial. Filing fees are not so trivial ether.

    Are you sure this is worth it?

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: ECSEsquire@AOL.com. All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.

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