QUESTION
Can the mother petition for a paternity test and take the from the father who has full custody?
Asked on Jun 23rd, 2013 on Family Law - Wisconsin
More details to this question:
My husband was awarded full custody of his 2 children ages 3 and 1. The mother has supervised visits which she never shows up for and has not paid any of her child support. However, she is now claiming that the 1 yr old is not his child and saying she will petition for a DNA test to take the child away. They were married at the time of the child’s birth but she cheated several times. We don’t want to lose the child raised with us.
2 ANSWERS
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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She can try, but she has an uphill battle if the divorce has already been entered (or custody orders) wherein she already had it judicially determined that the child is his. And there's no guarantee the court would give her the child anyway, as your husband has good legal standing to maintain custody even if the child is not his. If the mother files anything in the court system, your husband will need an attorney to fight this.
Answered on Jun 24th, 2013 at 10:37 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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She can petition for it but the court will try to determine what is in the best interest of the child and if the child is living with you and your husband, it is unlikely that the court will allow a DNA test.
Answered on Jun 24th, 2013 at 9:19 AM