QUESTION
Will I be able to file or start a paternity suit while pregnant?
Asked on Nov 02nd, 2020 on Paternity - Louisiana
More details to this question:
I am in Louisiana and pregnant with my ex's child and I want to have him take a court ordered Pre-paternity test. I don't mind paying for it and I am not asking for support only paternity. I know that these issues take time and I may have trouble locating him, so i would like to be proactive and start the proceedings now. I know you can do this in other states, and that a father can typically file, but I am not sure about the mother.
1 ANSWER
The short answer is, no. You will have to wait until your child is born to bring the paternity action. Under Louisiana Civil Code Art. 193, the time period for filing a paternity action is within two years from the day of the birth of the child.
As for how paternity would be determined, it depends upon whether or not you and your ex were married. Under Louisiana law, paternity is legally presumed for a child born during a marriage or within three hundred days from the date of the termination of the marriage. Otherwise, paternity can also be established if your ex were to execute a formal acknowledgement of paternity, (signing of the birth certificate is no longer a valid means of establishing paternity in Louisiana), or a court may order the necessary paternity tests and issue a judgment of paternity.
If you have any further questions or would like to set up a free consultation to discuss your matter further, please feel free to contact my office at (337)237-0492 and set up an appointment.
Answered on Nov 09th, 2020 at 12:45 PM