Arkansas Paternity Laws

**Momof5** · 10-30-2005, 10:25 PM

Okay, I have a question for anyone who would like to help. Let me begin with a short version of the whole story. My hubby and his ex divorced in 98 and he was awarded full custody of their two children. This woman popped in and out of their lives for the next 5 years, then in 2003 the calls and visits stopped. We went to court in June and she was awarded a set visitation schedule. But we are going back to court next month. She has proclaimed that she will make my husband take a mandatory paternity test and she will take the youngest of the two and my husband nor any of his family will ever see him again. They were married when the child was conceived and born and my hubby was named as the father on the birth certificate. We are really worried that if the DNA test comes back saying he is not the father then the court will take him away. Please help.
:cry:

**Mr. Knowitall** · 10-30-2005, 10:43 PM

It is exceptionally unlikely that a court would permit the ex- to attempt to delegitimize a child. The birth certificate reflects her asset to your husband's paternity, and the divorce judgment probably bars any present effort to delegitimize the child under princiles of "stare decisis" - it is a court judgment between the parties which almost certainly holds that the child is the issue of the marriage. (Still, you would benefit from confirming this with a local family lawyer, just to put your mind at ease.)

**Momof5** · 10-31-2005, 10:22 PM

Our lawyer wrote us back last night and told us that the chances of her getting a paternity test are zero to none. He said we have nothing to worry about as long as we both can pass a drug test, which he knows we can. I just really hope all goes well when we go to court on the 8th. We all have been through alot this year and i just don't want anything else to go wrong in our lives.