My ex wants a DNA test but doesn't spend time with my child or anything. I don't feel it is best interest for my child since my son is 8 and my ex has just been in his life as a baby. My son remembers him, but says, "That's my dad but he doesn't take care of me", so he knows the difference by now. My husband wanted to adopt him but now my ex SUDDENLY petitioned for this.
My ex pays no child support and never legitimized. No court date or court order yet.
Your ex is trying to legitimate his child. If that requires a DNA test, the court will order it.
It sounds like he plans to file legitimization, and he will likely get a court ordered DNA test. Since that case will also set child support and likely get him visitation and may likely prevent adoption you'll want to retain counsel.
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I agree with my colleagues. Also, if the court does order DNA testing, the answer to your question is "yes", you do have to get the testing done even if you don't want to.
You can waive the DNA test by consenting to paternity. If either party demands a DNA test, it will happen. Unless particular facts exist, a mother is in a position to know for sure who the father is. On the other hand, a father cannot know for sure, despite strong belief that he is the father. It sounds like you do not want him involved. If that is the case and you do not know or doubt he is the father, a DNA test showing he is not the father could resolve that for you. You need a local family law attorney to advise you.
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