Skip to main content

Press the paternity test done to determine if I'm the father or should I wait for the divorce process to get to that point?

Baltimore, MD |

Girl from my past is saying I could be the father. She is currently married and had an affair last January. Husband knows and claims she doesn't look like him. Her daughter was born in October, 9 months after affair. She is going thru a divorce and saying once it gets to child support, he will probably argue whether he is the father. Should I press the subject and get the paternity test done at a lab to determine if I'm the father so I can be a part of the child's life, or should I wait for the divorce process to get to that point. Keep in mind she has not filed papers yet, she has them and needs to go down and talk to someone to get them filed. I'm not sure how long it would take for child support to come into play and the determination of who the father is. If this is my child, I don't want it to be too late or for this to look negatively on me when I go to get custody.

+ Read More

Attorney answers 2

Posted

If you want to be deemed the legal father of your child, then what is happening in someone else's divorce should not be your primary concern. Rather, you should take steps to establish paternity as soon as possible. I suggest you have a confidential consultation with a local attorney immediately so you can fully review all your rights, options and obligations before you take any action. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. 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.

Asker

Posted

Could there be an issue with changing the Child's last name to be my last name? Could she argue that right?

Mary Katherine Brown

Mary Katherine Brown

Posted

Once you have established legal paternity, the child has the right to your last name, and you have the right for the child to have your last name.

Asker

Posted

Ok. I wasn't sure what would happen if the mother objected to changing the childs last name.

Posted

You should consult with a lawyer to discuss the situation. A child born of the marriage is presumed to be a child of the marriage. Because of technology, the General Assembly passed a law that permits a challenge to paternity as a married man. However, if the test results come back the Husband is not the father, that does not mean he is relieved of his responsibilities of being a father. The court must then consider what is in the best interest of the children.

If you want to be part of the child's life, you need independent counsel and take the necessary legal actions to protect your legal rights. This is a tricky situation and needs to begin sooner than later.