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My wife is refusing to let me do a paternity test on our child
If you are a man whose wife is refusing to let you do a paternity test, you have rights that you should know about. Family law can be very complex, and of course, there are advantages and disadvantages to looking into whether you are the biological parent of a child. It is important that you weigh your options before going ahead with a paternity test. For example, if you find that you are the parent, you will have a sound obligation to support that child. If you find that you are not the parent, seeking out rights for visitation will be much more difficult.
The Paternity Presumption
Often, the naming of a father is made upon presumption. When a presumption of paternity is made, it is made from one of two facts. A man is assumed to be the parent if he is married to the woman who bears the child, and a man is assumed to be the parent if he is on the birth certificate as the father of the child. If the man is either or both of these things, he is legally obligated to support the child. When a man has a question about paternity, he may request a paternity test. If his wife is refusing to let the paternity test happen, he has options.
Requesting a Paternity Test
Most states have an official standing that it is legal for a man to request a paternity test within a certain amount of months from birth. For this reason, it is always recommended that if you have a question about paternity, you get the test done within the proper period of time. If not, the state will regard you as the parent of the child, and you will be legally obligated to pay child support for them.
When the allotted amount of time has past and you still want to contest paternity, things get a little more difficult, but it can be done. In this case, a paternity test lawsuit will need to be filed, and this should be done with a professional and experienced attorney. Only a legal professional can help you with the proper paperwork as it can often be confusing and challenging.
Paternity tests are often necessary, but it can be hard to learn and know your rights as a parent and father. Talking to an attorney might help you to figure out difficult situations such as this.
Contact us at 480.345.2652 or online today to speak with one of our dedicated attorneys.