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My boyfriend recently got a divorce and a child was involved. Now, he is being told his ex wife had an affair and his son might not be his. Since they were married, he is the legal father since he is on the birth certificate. Is there away to court order a dna test? They did not give him the option when he filed for his divorce.
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The time to ask for a DNA test is not after the divorce, he is precluded from doing this now. After signing the birth certificate you have 60 days to retract your acknowledgement of paternity and after that you are legally the father. If he had wanted a DNA test he would have to file a petition to disestablish paternity and have some evidence beyond believing his exwife had an affair, and should have done that prior to the divorce final hearing. My guess is that it is to late now.
Answered on Mar 26th, 2014 at 3:24 PM