Legal Question in Family Law in Connecticut

Does he have the right?

I have been married for 11 years,about a year and half ago we were having some problem and legally seperated and filed for divorce but never went through with it and we are now back together,while we were seperated i dated a guy and got pregnant now I dont know if my husband or the other guy is my daughters father she has my husbands last name and he is the father on her birth certificate she is 11 months old now and the other guy wants to see her and have a dna test can he make us do this? He has known all along that she might be his and now that i moved he wants something to do with her.My husband does not want to know who her father is he says he is and thats it. thank you


Asked on 8/22/02, 8:51 pm

2 Answers from Attorneys

Thomas Noonan Attorney Thomas F. Noonan L.L.C.

Re: Does he have the right?

My answer to your question is to see a lawyer a soon as possible. You are dealing with a lot of issues not Knowing who the father is, such as possible inherited problems, possible future divorse or paternity actions, inheritance rights, all of which could cost a lot of money and hurt your child in the long run. As the child is only 11 mo. I would get the paternity test and resolve the problem now before she can understand it, if the worse outcome for you and your husband becomes fact and is discovered. I think you have a good guess as to whom the father is but make sure now. This is only my opinion as the laws in the two state may vary, but as the question has already come up, get it resolved now. Sorry I can't tell you it will go away but it won't. Get an attorney in your area to advise you. It is very complicated and may have long term results on your child and you and your husbands marriage. Tom Noonan

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Answered on 8/25/02, 8:00 pm
David Waldrop Holley, Waldrop, Nearn & Lazarov P.C.

Re: Does he have the right?

Yes he has the rigt to petiton the court to order DNA testing. There are alot of complicated issues here and you need to find an attorney to represent you.

Under Tennessee law your spouse is presumed to be the father. However, this is a rebuttable presumption. He could use the DNA test to rebut the presumption.

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Answered on 8/28/02, 9:56 am


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