Legal Question in Family Law in Massachusetts
Testing
I signed a birth cert for a child born in 2006. This child was the result of a 1 night stand. I do not believe the child is mine and I pay support. I need to know my legal rights in finding out the truth.
2 Answers from Attorneys
Re: Testing
If you have been adjudicated the father in court, you have no further right to litigate the matter.
Having signed off on your paternity on the birth certificate, you are already presumed the father. If you are merely voluntarily paying support, however, and have not been adjudicated in court, a judge may allow you to have DNA testing.
Be prepared for an ugly fight. Women usually know who was present at the right time to conceive a child. those who have made a mistake in such facts rarely like to admit that the circumstances would allow such a mistake to occur. It would help if you have a likely candidate in mind to advise the court of "who else" might be involved.
If the DNA proves the child is yours, the "one-night" nature of the stand makes no difference whatsoever.
Re: Testing
If you have not waived your right to a DNA test retain an attorney to bring a motion in court requesting one. Good Luck!