Legal Question in Family Law in Minnesota
Is a paternity test too late? My son is 7
My ex signed recognition of parenting at the hospital when my son was born. He also knew at that time that he may not be the father. He had/has control issues and was in hopes things would work out between us which I believe is why he did so.
7 years later though he does pay child support enforced by county since I was on State Assistance at time of pregnancy. NEver been to court so no order has been assigned.
Is a paternity test too late and poitless at this time or if one proves he is not the biological father? He has refused me a test.
He only takes him every other weekend (if he choses to) but no more. He's is more of a fav uncle to my son but definitely not a ''father' figure.
He has continued to pick my son up w/o a car seat and tell him inapropriate things for his age amongst other things.
We are both married to other people but we were never married to each other. Nor did we ever live together after my son was born (if this info helps)
Is getting a test done pointless at this time since my son is almost 7 now and the ex did sign the recognition of parenting?
1 Answer from Attorneys
Re: Is a paternity test too late? My son is 7
If your ex signed the Recognition of Parentage and has acted as a father, seeing the child regularly since that time, it would be extremely unlikely that you could successfully file an action to disprove paternity since the court, even with a negative test, may likely find himn the de facto father.
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