Can you be forced to take a paternity test?

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Can you be forced to take a paternity test?

I am a married woman who got pregnant by another man. My husband is on the birth certificate and our daughter is ” ours”. She is almost 10 months old and the other guy is now trying to force a paternity test. My husband and I don’t want to take the paternity test, don’t want the guy in our lives. He’s wanting to change the birth certificate and have part in decision making. Can he just force his way into our lives and change everything when we are united in our marriage and don’t want the other guy involved?

Asked on September 20, 2010 under Family Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to consult with a family law attorney right away. It is not impossible that the other individual *can* in fact force there to be a paternity test and also take a role in the daughter's life; the legal system takes the rights (and responsibilties) of parents very seriously and does not lightly deprive someone of a role in a child's life.

On the other hand, there is generally a presumption that the child of a married woman is her husband's, and courts also are loathe to break up or damage families or denegrate the rights of a man who is in the position of and taking all responsibilities for being the child's father (i.e. your husband).

Therefore, there are grounds under which it may be possible to deny this other individual's claim, but you need an experienced family law attorney to counsel and guide you. Good luck.


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