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  1. #1

    Default Child Born of Affair - Can Bio Father Demand DNA Testing

    My question involves paternity law for the State of: Ohio

    My youngest daughter is not biologically my husband's. He is aware of this and is willing and actually prefers to raise the child as his own. Can the biological father demand a DNA test, given that my husband and I were married at the time of her birth? How would he go about it if so, and how big a battle would I be in for if I wanted to keep him out of her life? (I know it sounds bad, but without oversharing, I'll just say she's far better off without ever knowing of him)

    She's 15 months old, if that matters at all.

  2. #2
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    Default Re: Child Born of Affair - Can Bio Father Demand DNA Testing

    Yes, he can file for a DNA paternity test although the longer he waits the less likely the court will find it to be in the child's best interest.

    If he is allowed to do so, you have virtually no chance of keeping him out of her life. Sorry, but that's the reality - he'll be able to file for joint custody and unless he's the equivalent of Charles Manson, at the very least he'll get visitation.

    Your daughter also deserves to know the truth about her heritage. The vast majority of experts and child advocates strongly recommend against hiding these truths; if the truth comes out (and it will come out eventually) when the child is for example 15, she's going to suffer a feeling of immense betrayal by the two people she thought she could trust most in the whole world.

    You, and your husband.

    (Just to clarify - there are some states where an intact marriage presents a rebuttal to a paternity challenge of a child born in wedlock; Ohio is not one of those states)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3

    Default Re: Child Born of Affair - Can Bio Father Demand DNA Testing

    While I would normally wholeheartedly agree about the heritage aspect, it doesn't really play in, as husband and potential bio father are cousins (yes, I know this makes me look even worse).

    To be blunt, it sucks that he can do that. I suppose, though, that the laws are in place for the fathers that are actually decent people and the mothers who aren't. *sigh*

    There's no way around this, huh? I can't deny the possibility and essentially block testing?

  4. #4
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    Default Re: Child Born of Affair - Can Bio Father Demand DNA Testing

    No, it sucks that you're trying to deny your child the right to know her biological father.



    If you're served with something, you can try to convince the court why he shouldn't have the right to be involved with his child. If you refuse to comply, you can into a whole heap of trouble legally speaking.

    You don't want that.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5

    Default Re: Child Born of Affair - Can Bio Father Demand DNA Testing

    What sucks is the person he's become since her conception. I understand that people tell all kinds of stories on here and as readers, we'll only ever know half the story. Since you're going to make your assumptions based on previous experiences (I assume, anyway), it won't do me any good to list his bad qualities and reasons why he should be denied contact with her. I guess I'll just have to leave it at that...

  6. #6
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    Default Re: Child Born of Affair - Can Bio Father Demand DNA Testing

    Because we know that people generally don't become evil monsters overnight.

    I know it sounds harsh - but, the reality is you slept with him; you chose him as absolutely fine parenting material. If he's allowed to establish paternity, the court will agree with your decision unless you can prove that he is (again) something akin to Charles Manson.

    Remember, even felons and sex offenders can have visitation (and even custody!) of their kids.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
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    Default Re: Child Born of Affair - Can Bio Father Demand DNA Testing

    Allow me to add another dimension.

    If the father does establish paternity and you have shown a willingness to block his time with his child, the judge could rule that the only way to even that score is to make him custodial parent.

    However, there are several if's there. The father must make the effort to demand a paternity test. As long as he does not, you have nothing to worry about. Well, except the rumors, the stories and the looks you will get at Thanksgiving.

    Until paternity is established otherwise, your husband is legally the father of his cousin's child.

    Gotta admit, that was pretty creepy to type. As for his ability to parent, unless you were raped, the court will trust your judgment. If you hadn't thought him to be perfect father material, you wouldn't have engaged in unprotected sex with him.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  8. #8

    Default Re: Child Born of Affair - Can Bio Father Demand DNA Testing

    Quote Quoting cyjeff
    View Post
    If you hadn't thought him to be perfect father material, you wouldn't have engaged in unprotected sex with him.
    you can STILL get pregnant even if you use protection (condom, pill, etc.) just saying. trust me, i know

  9. #9

    Default Re: Child Born of Affair - Can Bio Father Demand DNA Testing

    I got pregnant with an IUD, so the normal 'you shouldn't have had unprotected sex' doesn't really apply, but thanks.

  10. #10
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    Default Re: Child Born of Affair - Can Bio Father Demand DNA Testing

    I suppose cyjeff can always change his response to, "If you hadn't thought him to be perfect father material, you wouldn't have engaged in intercourse with him". Would that work better for you?


    You're welcome.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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