Legal Question in Family Law in Indiana
pregnant wife left by husband
My daughter has been married 6 months and is 4 months pregnant. The husband decided he wanted another woman and has filed for divorce. Rumor is that the other woman is also pregnant. In the papers that he filed, it says that he wants a dna test and if the child is his, he wants custody. Of course it is his but he is not getting custody. Does our daughter have the right to refuse the dna test, give him the divorce, and leave him out of the baby's life. He has been known to be violent and does not hold a job for very long at a time. Any advice would be appreciated.
2 Answers from Attorneys
Re: pregnant wife left by husband
Daughter has no right to refuse the test if the court orders the test.
The court can presume the child to be father's child - as they are married.
She cannot leave him out of the child's life, if the court determines him to be the father.
Best advice: get an attorney.
Re: pregnant wife left by husband
First of all, there is a presumption that the child is his. Secondly, if confirmed, the court will determine who had custody and parenting time rights. It is not likely that your daughter will be able to deny the biological father parenting rights.
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