Can I Be Forced to Take a Paternity Test to Prove I Am Not the Father

[Snakeyes]

My question involves paternity law for the State of: Florida

4 years ago I was granted a divorce and given sole Parental Responsibility of my now 5 year old son , the Mother was ordered to have supervised Visitations only ( Until further order of the court ) , she was ordered also to complete the Divorce and its impact on children class , which she still has not done , now due to some of her actions ( She was telling the child that I was not his Father and that he would be coming to live with her soon ect ) I made arrangements for her to have her visits through a local Church ( supervised by the state ) She refuses to do so , and has now filed a motion to gain custody of the child making false claims to the court , I have now also filed and am asking for Child Support , She is now trying to pressure me into doing a DNA test to prove if I am the Biological Father or not and if not she wants the child turned over to her immediately , the judge initially asked during the Divorce proceedings me a few questions , he asked If we were married at the time the child was conceived ( which was yes ) , were we married at the time the child was born ( which the answer was again yes ) , was my name on the birth certificate , which again it was yes ) , and if I was willing to claim to be the Father of this child , at which point he said then you are the Father and gave me the Sole Parental responsibility , Can she force me to take a paternity test ? If not how can I stop her from calling my home and harassing me about this

[aardvarc]

Can she force me to take a paternity test ?

No, she can only request that the court order such a test. Until there's a court order, anything coming out of her mouth is garbage talk. The odds that the court is actually going to order such a test, given that you were married at the time, she didn't contest paternity at the time of divorce, the fact that it's been 5 years, AND you've been the primary custodial parent: incredibly low. (Not to mention that courts aren't generally in the mood to go out of their way to aid individuals who show complete disregard for the court by ignoring it's already outstanding instructions to her).

If not how can I stop her from calling my home and harassing me about this

Tell her to get a court order or shut up about it. Then go get a restraining order.

[Xena]

My question involves paternity law for the State of: Florida

4 years ago I was granted a divorce and given sole Parental Responsibility of my now 5 year old son , the Mother was ordered to have supervised Visitations only ( Until further order of the court ) , she was ordered also to complete the Divorce and its impact on children class , which she still has not done , now due to some of her actions ( She was telling the child that I was not his Father and that he would be coming to live with her soon ect ) I made arrangements for her to have her visits through a local Church ( supervised by the state ) She refuses to do so , and has now filed a motion to gain custody of the child making false claims to the court , I have now also filed and am asking for Child Support , She is now trying to pressure me into doing a DNA test to prove if I am the Biological Father or not and if not she wants the child turned over to her immediately , the judge initially asked during the Divorce proceedings me a few questions , he asked If we were married at the time the child was conceived ( which was yes ) , were we married at the time the child was born ( which the answer was again yes ) , was my name on the birth certificate , which again it was yes ) , and if I was willing to claim to be the Father of this child , at which point he said then you are the Father and gave me the Sole Parental responsibility , Can she force me to take a paternity test ? If not how can I stop her from calling my home and harassing me about this

No, she should not be able to force you to take a DNA test. IF for some crazy reason a Judge/hearing officer actually orders a test, you'll need to immediately contact a local attorney because at this point any DNA test would definately not be in the child's best interests, or according to the existong laws.

[Snakeyes]

Thank you for re-affirming my beliefs , I have hired a local attorney already , but was not totally clear as to where the situation was going , your answers will help me sleep better knowing this child has little chance of being forced to live with two drug addicts ( her and her Boyfriend just got out of a court ordered rehabilitation program 18 months ago and she is already back on prescription drugs ) who have also abused him in the past , again Thank you very much