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Can a ex Boyfriend take someone to court and make them have a paternity test done when you know its not their child ?
Anonymous2 views2 answers
Absolutely. He can even file a notice of intent to file a paternity case before the child is born. If he believes he could be the father, and the two of you were in a dating relationship and had sexual relations, he could claim that he is the father and ask the court to order genetic testing for a more conclusive determination. Just because you say he isn't the father, which is alright for you to state, he can say he is the father.
If he is willing to do so without filing a paternity action, once the child is born you and this man could have the genetic testing done privately, at a far lesser cost than going through the court. It is called a buccal swab test which is painless...it allows a testing facility to swipe the inside of the cheeks of you, the man and the child. Tests are performed on the tissue gathered through the swabbing and the results are very accurate. You could Google genetic testing facilities in the Lansing area and inquire about the procedure and cost. This could save everyone a lot of expense and aggravation. Good Luck
Neil M. Colman
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Absolutely. He can even file a notice of intent to file a paternity case before the child is born. If he believes he could be the father, and the two of you were in a dating relationship and had sexual relations, he could claim that he is the father and ask the court to order genetic testing for a more conclusive determination. Just because you say he isn't the father, which is alright for you to state, he can say he is the father.
If he is willing to do so without filing a paternity action, once the child is born you and this man could have the genetic testing done privately, at a far lesser cost than going through the court. It is called a buccal swab test which is painless...it allows a testing facility to swipe the inside of the cheeks of you, the man and the child. Tests are performed on the tissue gathered through the swabbing and the results are very accurate. You could Google genetic testing facilities in the Lansing area and inquire about the procedure and cost. This could save everyone a lot of expense and aggravation. Good Luck
Neil M. Colman
[email protected]
Hi there. Yes, the dating-guy has a right (standing) to file a Paternity Complaint and ask for a DNA test, assuming that you are not currently married with your current boyfriend. When a child is born out of wedlock, a person who believes he is the father can file a Complaint for Paternity, even if another man has claimed that he is the father of the child and is on the birth certificate. The court could order you and the dating-man to both participate in a DNA test (usually at his expense, if he filed the Complaint). Then when the results are returned, the case can either be dismissed (if the DNA results for the dating-man are negative), or the dating-man can get an Order of Filiation (Order for Paternity) stating that he is indeed the father, if the results were positive. The birth certificate would then get changed to reflect his name, and he would be responsible for child support, etc. You may want to remind him that if he is found out to be the father, the court will charge him child support. If he is a jerk, this may scare him away. I wish you the best.
