Legal Question in Family Law in South Carolina
false paternity
I have recently been made aware that my 16 yr. old son is not mine by blood. I am on the birth certificate because at the time of birth I thought I was his biological father. I want to have DNA testing done for paternity so I know once and for all the truth. I also would like to know now that I am in the middle of divorce proceedings if I will be forced to pay child support for this child since my name is on the birth certificate as the father. Can the mother be forced to do the DNA testing by law if she does not cooperate with my wishes for proof of paternity?
2 Answers from Attorneys
Re: false paternity
If the issue of paternity has never been addressed in Court before, then you can raise the issue now. If you do not do so now, then you will be barred from doing so in the future. Also, the Court will typically require the actual father to be joined as a party if you turn out not to be the father so that paternity can be resolved.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
Re: false paternity
If the issue of paternity has never been addressed in Court before, then you can raise the issue now. If you do not do so now, then you will be barred from doing so in the future. Also, the Court will typically require the actual father to be joined as a party if you turn out not to be the father so that paternity can be resolved.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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