Will husband still be responsible for child support even if DNA test proves him not the biological father?

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My husband and I got married when I was a few months pregnant. We had only known each other a couple months and him and his mom both knew that there was a chance the baby was my ex’s. We separated when she turned 2 and are currently going through a divorce and custody battle. Now he wants a dna test done. Will he still be responsible for child support even if he is proven not to be the biological father?

Attorney Answer

1
Rhonda Butterfield ·
Like many questions people ask in family law cases, the answer is "it depends". If your husband finds that he is not the biological dad, he can choose to "disestablish" his presumed paternity of the child. In all likelihood, this would mean he would have little or no rights to custody or visitation, and no legal obligation to pay child support. On the other hand, if your husband has a close relationship with your daughter, and wants to maintain that he is her dad, without regard to biology, he can choose to do so. In that event, he would remain her father, and would have rights to custody or visitation, and the obligation to pay child support. If DNA tests show he IS the biological father, he has rights to custody and/or visitation, and the obligation to pay child support, just like any other parent. If the DNA tests show he is NOT the biological father, generally, the ball is in his court to decide whether to proceed to "disestablish" his paternity and sever his relationship with the child, or to proceed as the child's father. If the DNA tests show he is NOT the bio dad, YOU may decide that you don't want him to have the rights & responsibilities of being a dad, in which case, his presumed paternity could and should be "disestablished" in the context of your divorce case (it must be done through a court somehow). (However, his desire to be a dad to your child may override your desire that he not be dad.) If his paternity is "disestablished", then you can apply to Alaska Child Support Services Division & ask them to "establish" paternity of your child in your ex. DNA tests would have to be done to establish your ex's paternity of your child, and then your ex would have the rights & responsibilities of a father -- to seek custody and/or visitation, and to pay child support. Too many people in this situation look at it simply as a matter of money (child support) and overlook the effects on a child. You don't say how old your child is, but If your child is now over 2 years old, and your husband is the only man she has ever known as "Daddy", think about what effect it will have on her -- for her lifetime -- if Daddy suddenly disappears from her life (as he would with a "disestablishment of paternity). Children who are old enough to have an awareness of, and relationship with, "Daddy" and "Mommy" may need professional therapy when one parent disappears. Child therapists work with children as young as your daughter in "play therapy". Please encourage your husband to think about this too, and work with him "in the best interests of your child".
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