Legal Question in Family Law in Minnesota

Genetic testing

I recently found out after 13yrs that a child that I thought was mine is not. Genetic testing proved that I was not the father. Can you explain to me what type of document I can use to protect myself from any other liability from the mother because I still want to continue the relationship that has developed between myself and the child?


Asked on 2/13/08, 1:59 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Genetic testing

I am afraid there is no document that is likely to protect you.

If you are the presumed father of the child by virtue of signing a Recognition of Parentage or if the child was bodrn during your marriage, you would be considered the legal father and could be liable for support.

Moreover, if you have acted as the child's father for 13 years, a court need not allow you to disclaim paternity and may treat you as a contructive parent - meaning you have the ssame rights and liabilities of a parent.

Finally, you can certainly never have it both ways where you terminate your parental rights and potential child suport, while being able to maintain a relationship with the child. It is either one or the other.

For a consultation call 612.240.8005

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Answered on 2/13/08, 2:46 pm
Gerald Williams Williams Divorce and Family Law

Re: Genetic testing

An important aspect of this situation is whether the person that is, in fact, the biological parent is known, present, inclined to have contact with the child, and able to financially support the child. In the absence of that person (someone who can be legally established as the child's parent), you remain for all intents and purposes, legally, the child's parent.

From the child's perspective, living an entire life (to date) with the understanding that you are the child's parent cannot be simply undone by genetic testing.

Please feel free to follow up with me by email at [email protected].

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Answered on 2/13/08, 3:05 pm


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