QUESTION
Can a woman force my husband to do a dna test on a child she had with her ex husband during their marriage?
Asked on Oct 21st, 2019 on Child Custody - Tennessee
More details to this question:
A lady who is currently going through a custody battle with her ex husband has contacted my husband and is saying that one of the kids she shares with her ex is, in her mind, possibly my husbands child. They had a one night hook up around the time she got pregnant 5 years ago, which apparently was also the same time she married her now ex husband. He was under the assumption the baby was his. The baby was born into their wedlock and he claims the little girl, pays the woman child support on her and is now pursuing custody of the girl. she wants my husband to take a dna test to see if he could be the father so she can stop the ex husband from winning custody. we have asked her to stop contacting us but she refuses. She is now saying that since we will not willingly do the test that she will have the child support office require it and mail us a subpoena. Is this all real? Can she do this? The ex husband wants his daughter. He doesn’t want a paternity test either. Can she do this to us?
1 ANSWER
If your husband is served with a subpoena and does not want to submit to the DNA test, he will have to go to the Court and seek an Order relieving him from the subpoena. He cannot ignore it. If the other lady's ex is not the father, and your husband possibly could be, I expect a Court would Order the test. Your circumstances are terrible, but the law will hold a biological father responsible for his child, no matter who the parents may or may not be married to. The tips from lawyers.com tell us we are not supposed to say things like "you should speak with an attorney." Well, sorry, but your husband needs to speak with an attorney yesterday.
Answered on Oct 31st, 2019 at 9:09 AM