Legal Question in Family Law in South Dakota
forging paternity affidavit
my friend was married to a girl for less than 6 months and says she got pregnant while they were married but the reason they divorced was she was cheating on him and he asked for a paternity test but she says one cant be done because the baby has some kind of allergy to needles, also he was not at the hospital when the baby was born and there was a paternity affidavit signed by he friend or relative( which he admits to my friend having signed his name). so my question is how would he go about fining out if the baby is his and what can he do about someone forging his name on the affidavit?
1 Answer from Attorneys
Re: forging paternity affidavit
I am not licensed to practice law in South Dakota. This is not legal advice, just some comments I might make if you were a Montana resident.
First, does your friend have a reason for not asking these questions himself? Of course, I don't know why you're doing this for him, but it seems odd that someone else (you) is taking responsibility for getting information on his question.
In Montana, a child is presumed to be the husband's child if the child is born during a marriage or within a certain time after the marriage ends. If the husband suspects that he is not the biological father, it is up to the husband to get a paternity test.
I have never heard of a person being allergic to needles. Perhaps mother is allergic to the possibility of bad news. Paternity tests can be done with a swab to the inside of the cheek. No needles required.
Your friend's attorney can obtain the paternity affidavit through the discovery process and compare the forged signature to the husband's, and show a court that the affidavit signature is a fake.
Your friend should consult with an attorney in SD.
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