Legal Question in Family Law in Minnesota

I asked a question earlier but I think I should give a little more information to the question. The father is father on the birth certificate but the mother says he is not the biological father. They were married at the time of his birth and he did sign the birth certificate. My question is: Can we force him to take a paternity test? And if he is proven to be not his biological father what can be done. He does not visit with the child at all. He is just trying to hurt the mother and grandmother in this situation. The mother wants the son to live with the grandmother. Should we pursue getting a lawyer and take this matter to court?


Asked on 12/25/11, 10:13 am

1 Answer from Attorneys

Currently, there is the presumption that he is the father. The mother should be able to request a paternity test to determine whether he is the father. Unfortunately, even if he is found not to be the father that is probably not going to be the end of it. The court, state, and county are going to want to know who is the real father, especially if she is receiving any public assistance. In addition, even if her ex-husband is found not to be the father he may be entitled to some parenting time, but may lose certain rights. This would depend on several factors. You should probably call a lawyer in your area to get his/her opinion. You really can't post enough info in this forum to get a comprehensive answer.

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Answered on 12/28/11, 9:13 am


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