my husband had a 1 night stand with a girl who is married to another man and that man signed the bith cert. knowing it might not be his. Can she force my husband to take an DNA test? he wants nothing to do with the baby either.if it was he doesnt even want to see it or know nothing about it, if it came down to it wants to sign away any right to itand never see it. what can she do and what can we do? please help!!!
This is one of my favorite kind of questions to answer. So to be clear, what your husband wants is to shirk all responsibility for the act that he committed that resulted in a child being brought into this world. Is that correct? And because the adulteress husband signed the birth certificate on the premise that he thought the child was his, your husband wants to use that to avoid his responsibility as a father. Because make no mistake, if the child is his, he IS a father to that child. The short answer to your direct question is YES, she can force your husband to submit to genetic testing in the form of a DNA swab test. The costs of doing so are split by both parties unless he is found NOT to be the father. Then the mother who requested the DNA test has to pay the full cost. If he is found to be the father, the mother can bring him into court and force him to pay child support - even if he wants nothing to do with his own child. But the State will hold him to his obligation to at least assist financially in the raising of the child that he, presumable, helped bring into the world.
In Maryland the husband is presumed to be the father. If someone believes that another person is the father that person(s) can file for paternity with the circuit court, but the court does not have to grant said request if the court believes it is not in the child's best interest.
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She can move to have a DNA test performed. He may be ordered to submit to the test. It is possible to end his parental rights but that does not mean his obligation for child support is ended. What she can do is move to have the test and move for child support if your husband is the father. What you and your husband can do ifs comply with any court orders that may and consider hiring a locale attorney if they do.
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