Legality of Paternity Test Without Mother's Consent

[asp65]

My question involves paternity law for the State of: Florida

My ex and I were unmarried at the time of my son's birth 6 years ago. He signed an affidavit of paternity at my son's birth. I just found out that he took our son for DNA testing behind my back without my knowledge or consent. He also filed for paternity rights a week before the test. Can the private, but with chain of custody test be admissible? I'm not worried about the results, I know he's the father; I'm just upset he was able to do this without my knowledge and then somehow submit it to the courts. Don't I have to have knowledge prior to this?

[Dogmatique]

Nope.

While it wasn't perhaps a nice move, there's nothing illegal about it. Had he filed in court for a court-approved DNA test you of course would have been notified. But a private test? He's already the legal father. He doesn't need your permission.

[asp65]

I only kind of get it. Paternity law is so confusing. The reason he's filing for rights is because he found out that since we weren't married, he doesn't really have many legal rights. Like I can move out of state without telling him, and I make all the medical, education, and religious decisions and such. So if I am the only one who has the right to make medical decisions, how can it be admissible without my consent to the test?

[Dogmatique]

He signed the AoP. That gives him every right to establish custody and visitation. He doesn't NEED a DNA test.

And really - while you can make all sorts of decisions without him, he can IMMEDIATELY file in court and counter most of them..in particular, the relocating out of State.

He's the child's legal father - whether or not he has custody, he can take a cheek swab and submit it for paternity testing. Because there's no law saying he CAN'T do that. Now if it was blood testing, it might be a different legal answer.

[asp65]

Just so we're clear: I'm not trying to move out of state or keep him away or anything. I've been going along with what we've had established for 4 yrs now. I just found it ridiculous that he could take a DNA test and have it accepted by the court when I wasn't involved. I know that he can take a test because there's no law preventing it, I was just confused at how the court can accept the results when I had no knowledge or consent.

[Dogmatique]

Has it actually been accepted by the court?

During what proceeding?

Why is it an issue at this point if you know without a doubt that he is the biological father?

What's your goal?

[asp65]

It hasn't been accepted by the court, I was under the impression you were saying it would be. The only issue I have really is consent. I'm obviously po'd that he did this behind my back; I would have submitted to a request but if I have to share dates and times of dr appts, I feel like he has to tell me he's taking my kid for a DNA test in another state which neither of them reside. My goal is just to be able to show how he acts in retaliation I guess. He's going after additional time that in the past he's always said he couldn't do but now that child support is involved, he suddenly wants more time. I'm respectful of his rights to know what is going on in our son's life, he should have to do the same for me.

[Dogmatique]

It hasn't been accepted by the court, I was under the impression you were saying it would be

No, that's not what I said.

. The only issue I have really is consent. I'm obviously po'd that he did this behind my back; I would have submitted to a request but if I have to share dates and times of dr appts, I feel like he has to tell me he's taking my kid for a DNA test in another state which neither of them reside.

He could have purchased an online kit and done a home test - some of them actually do meet chain of custody criteria in some states. He's still not legally required to gain your consent.

My goal is just to be able to show how he acts in retaliation I guess.

Doesn't matter, legally speaking - it won't affect anything.

He's going after additional time that in the past he's always said he couldn't do but now that child support is involved, he suddenly wants more time. I'm respectful of his rights to know what is going on in our son's life, he should have to do the same for me.

Yes, it would have been much better co-parenting for him to tell you. But he wasn't legally obliged to do so.

And really - this isn't the hill upon which you want to die.



(from a pure parenting point of view!)

[asp65]

He could have purchased an online kit and done a home test - some of them actually do meet chain of custody criteria in some states. He's still not legally required to gain your consent.

Yes, it would have been much better co-parenting for him to tell you. But he wasn't legally obliged to do so.

And really - this isn't the hill upon which you want to die.



(from a pure parenting point of view!)

Yes, you're right, I need to get over it already. It's just so upsetting.

[Dogmatique]

Unfortunately that's often the nature of co-parenting.

All we can do is pick our battles as best we can. Some of them just aren't worth the hassle. Others? Oh by heck yes, they're worthy!