Legal Question in Family Law in Maine

Re: dna testing

This is an unsettled area of law in

Maine. You do not indicate if you have an underlying Divorce Judgment that sets forth the custody and support requirements. The general rule is that a child born during the marriage is legally presumed to be the natural child of the husband. It is the husband's burden to prove otherwise. Depending on how long ago your divorce was, it is probably too late for you to challenge that issue now.

Therefore, the real issue is what will occur if a post-divorce test reveals that you are not the biological father of your 15 year old son? The law in several states indicates that you still have parental rights and responsibilities, including the obligation to pay child support if your ex-wife should attain primary residence of your son. Some states have even gone so far as to continue to enforce child support even where the biological father is located. Conversely, this line of reasoning would also mean that you could continue to fight for, and win, residence of the child despite your biological connection, or lack of one.

I am not aware of a Maine case on point. That means, unfortunately, that you have an "interesting" legal case where the facts make it difficult to give you a firm answer. It is probably an issue that would have to be litigated as part of your ex-wife's motion to modify.

Please note, however, that the burden is not on you. Biology side, if you believe that your son is your son and want to maintain primary residence, it would be your wife's burden to raise the issue, request (and pay for) a DNA test and present an argument to the Court as to why all your rights should suddenly be taken away. Let her carry that burden.

If you would like to discuss this in more detail, please do not hesitate to contact me.