Can our child be legally taken away after a paternity test?

That would be a decision that a Court would have to make.

No, you are not required to attend. The child was born during the marriage & the window to contest paternity has already closed (2 year window).

No, if he is on the birth certificate, she must contest paternity within the first two years of the child's life. Unless there is a court order for a DNA test, your husband does not need to comply with her request. He can also protest any case filed to dispute the paternity based on his presumption of paternity. You should contact an attorney to assist you in this matter and to protect your husband's interests.

If he is paying child support based on a Judgment of Divorce, then the issue of paternity has been waived. If paternity was to be contested, it should have been raised as an issue during the divorce.

You need to immediately consult with an attorney. If he has already been adjudicated the child's legal father, he has rights whether he turns out to be the biological father or not. He can also contest even having the paternity test performed.

She can't deny him, and can't force him to take a test. However a court can, so if she goes to court, she can attempt this, and he should get legal counsel.

Without a court order you can decline. Your husband's ex-wife cannot have it both ways claiming him to be father for support and legal parentage then seek to void his paternity after it has already been legally established.

The simple answer to your question is "no" because paternity doesn't control who the child lives with anyway. If the child was born while the parties were married, the husband is presumed to be the father. His name can only be on the birth certificate because he agreed to that, so the presumption of paternity is even stronger. Unless there is a court order, the father does not have to comply with a request for paternity testing. If your husband has an "ex-wife" there must have been a divorce case and that case should have decided all issues relating to the child, including, the paternity question. If that divorce case was dealt with properly, it should be too late for either side to bring it up now. However, it seems clear that the child is your husband's daughter, living with her mother, and that you are only a step-mother, only your husband is paying child support, and the child is not "ours" . While there may be a strong emotional connection, you need to recognize the limited "legal" status that you have and that it is only your husband's parental rights that are being threatened. Unless and until the mother actually does something in the divorce case to change the current parenting plan or to belatedly raise the paternity issue, her threats should not be a concern. But, if you (rather than your husband) are the one dealing with the mother on these issues, you need to recognize how she probably resents you implying that you have any "legal" rights by referring to the child as your daughter and that could be the reason she wants to try to exclude your husband completely. F

There are a number of issues here. First, if they were married at the time of the child's birth, there is, by law, a presumption that he is the father. That may be difficult to challenge at this late date. Second, when they were divorced, was there a parenting plan entered? Did they both assert that the child was a child of the marriage? Again, that may make it difficult to change who is considered the father. Third, is there a court order for DNA testing? If there is no order for testing, then, I can't see as he has any obligation to go for the test unless he has previously agreed to do it. Finally, I assume that there is some sort of parenting plan in this case. Until that plan is changed by the court, the parties have to follow it.

It may be worth considering whether or not any legal authority has ordered your husband to appear for a paternity test. Did the ex-wife provide a court order or legal summons? If it is just the ex-wife's own instructions then there is probably not legal authority requiring your husband to appear for the test.

The case law is evolving on this issue. It would depend upon what the relationship is between the "father" and daughter and what fraud was involved and if any other man will take his place in the role. Usually it is irreversible after a child is 2 or 3.

Your question requires a complex answer. You are asking whether the child's mother can terminate your husband's contact with the child by demonstrating with a blood test that he is not the father. Usually the question is asked in reverse as to whether a "father" can stop being father after acting as same for an extended period of time. You need to consult with an attorney about this question. Initially, I would expect that your husband has substantial rights to assert his "fatherhood," having been hoodwinked for so long.

If there is already a custody and visitation order, then she cannot force him to take a paternity test. If there is no custody order, then she can get a court order for a paternity test but even if the test indicates he is not the biological father, the court will probably rule that he is the legal father since he's been involved in the child's life for 5 years.