Legal Question in Family Law in Tennessee
DNA Testing
My son's ex-g/f split up with him after saying she was pregnant. The child was just born a few days ago. Ex g/f told my son that she didn't want his name anywhere on the birth certificate. He wants to do the right thing if it is his but he has his doubts. He asked for a DNA test at the hospital and was rudely told no and asked to leave by hospital staff. What is his options in getting a DNA test done? If ex-g/f didn't have him on birth certificate, could that affect him getting a DNA test done and could she come back at a later date to file for child support on him if he can't get the test done?
2 Answers from Attorneys
Re: DNA Testing
Lets answer the last question first- if your son is sued for child support he must demand the DNA test or he will waive that right. If he wants to be pro-active he can file a lawsuit to determine paternaty and the court will order the test. Good Luck-Ric Sedgley
Re: DNA Testing
You have said your son wants to "do the right thing." My suggestion is that your son hire a lawyer and discuss filing a petition to determine parentage (also known as a legitimation or paternity suit). The court should then determine if he is the father (he needs to request a dna test if he wants to know for certain), the court will determine child support, and the court will hopefully determine a reasonable visitation schedule. Best of luck to you.
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