QUESTION
What does court require to prove child is not the husband's child?
Asked on Aug 21st, 2013 on Divorce - Texas
More details to this question:
What if wife refuses tests? Will husband have to pay child support anyway? Does child have to born before divorce can be granted?
8 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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The court can order a DNA test to determine paternity. No support will be ordered if paternity is not established.
Answered on Aug 29th, 2013 at 2:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The wife can be compelled to give DNA samples, and the child's can be taken following the birth. The divorce can be granted prior to the birth, but the issue of responsibility for the child will have to be reserved.
Answered on Aug 29th, 2013 at 2:12 PM
The court will order DNA testing. If someone disobeys a court order, it is contempt and carries potential fines and jail time.
Answered on Aug 29th, 2013 at 2:11 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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In Florida a DNA Test.
Answered on Aug 29th, 2013 at 2:11 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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Court require evidence - blood test - and court can order mother to provide sample. Now there are other factors that come into play - are you the pseudo- father under the law? More facts are necessary to answer and this forum is not suitable for such an extensive response.
Answered on Aug 29th, 2013 at 2:11 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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In Texas, you will have a very hard time finding a judge who will sign off on a divorce while the wife is still pregnant, but the wife is not permitted to refuse DNA testing of the child.
Answered on Aug 29th, 2013 at 2:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The court will require a DNA test of the child and the putative father. You will have to ask for a court order for the testing to be done. The wife will not be able to refuse that. If you want to make sure that you don't pay child support, ask the court to hold off on a final decree until the baby is born and the DNA tests are performed. I suppose it is possible that the court could grant the divorce and keep jurisdiction over the case until the child is born.
Answered on Aug 29th, 2013 at 2:11 PM
A child born during marriage is assumed to be a product of the marriage, even if there is a reasonable belief that the child is actually the product of an affair.
Answered on Aug 29th, 2013 at 2:11 PM