What Legal Rights Does a Biological Father Have?

[Poolgirl]

My question involves paternity law for the State of: Arkansas

Here is the story; I am married with two wonderful children. My oldest child a 6yo girl is the reason I got married to my husband. My husband signed the BC.
Well while we (my husband and I) were courting I came up pregnant we were broke up for a couple of weeks, I went back to an old b/f for a fling - support etc... Well after 6 years he (the x) is just now coming forward and asked if I would consider a mail order paternity test - I agreed and the results came back 99.792% his. He says it is eating him alive and he wants parental rights and visitation and to tell everyone she is his.

My husband has no clue and believes she is his. I am breaking that to him soon. The x wants to break us up so that he can have me but he should know that will never happen but he is trying his hardest. I don't want the x to be in anyway apart of her life but I know that is not possible now.

My friend suggested a blood test to make sure that he is the father so that may be the next step. But I don't want to have anything to with it.

My daughter will be crushed we have made it very well with out him thus far. And this will destroy her formative years and put all of us into counselling for the rest of our lives. Also she looks nothing like him.

Okay now the questions.

How accurate is a mail order paternity test?
Have there been cases where they have been false.

Can he use the paternity test to take me to court to force the blood test?

If so and my daughter turns out to be his will he have to pay child support/back child support?

Also do I have to put his name on her BC?

Do I have to change her name to his?

If so Can I set-up supervised visitation for an extended amount of time? She does not know him very well.


I am just lost and I Thank you in advance for your help.

[LawResearcherMissy]

How accurate is a mail order paternity test?

Depends on the test.

DNA tests are conducted by comparing "markers" - particular bits of genetic code. The more markers you compare, the less likely there is going to be room for error.

Some tests only use 3 or 4 genetic markers - that's why they're so cheap. Accurate lab conducted tests compare 13 - 17 genetic markers.

Don't rely on a mail order kit. INSIST on a real lab test.

In the state of Arkansas, the child's LEGAL father is the man to whom the mother is married at the time of the child's birth.

Your ex may petition the court to establish paternity, but it's my understanding that he'll have a rough go of it, since the child already has a legal father.

It's in your best interests to contact the Office of Child Support Enforcement and address your questions to them.

Depending on what they have to say about your situation, you'll also want to hire a competent attorney.

Please do have a serious sit-down with your husband ASAP. You don't want to blindside him when the excrement makes contact with the oscillating air circulation device. Good luck to you and your family.

[cyjeff]

I have to ask....

Not from a legal perspective but from a personal one.

What do you expect to gain from this?

You will shatter your husband. You will destroy your kids and their image of "Mommy the sleep around".

What exactly are you trying to accomplish? Yes, your ex b/f was the sperm donor, but your husband has lovingly raised the child from the moment of birth.

In everything but biology, your husband is the father (and that includes legally)...

Not every truth need be told. Sometimes, a truth is better left unsaid to protect the people you love.

[Poolgirl]

LawResearcherMissy, Thank you for your information it is very helpful - I wasn't sure who to contact for next steps. Thank you, Thank you.

[Poolgirl]

I don't want this to come out - I wish sleeping dogs, well stay sleeping dogs. But he "the ex" wants her to be his daughter - she is very talented, very beautiful and he wants to be a part of her life plus from the outside we look well to-do and I believe he is only thinking about himself - what does he have lose, he probably won't have to pay much child support etc...

He does not realize what this will do to her (if it is true) we are not 100% sure about all of it.

And I know it looks as though I am loose, I have been 100% faithful to my husband since we've been married maybe because of love, maybe because of fear "you reap what you sow". And now I am reaping for sure.

My husband has been the loving father to both our children we also have a 5 year old boy together.

I have to ask....

Not from a legal perspective but from a personal one.

What do you expect to gain from this?

You will shatter your husband. You will destroy your kids and their image of "Mommy the sleep around".

What exactly are you trying to accomplish? Yes, your ex b/f was the sperm donor, but your husband has lovingly raised the child from the moment of birth.

In everything but biology, your husband is the father (and that includes legally)...

Not every truth need be told. Sometimes, a truth is better left unsaid to protect the people you love.

[cyjeff]

Then why did you give him the genetic material for the DNA test?

You had the right to wait for a court to order you to do so. Instead, you helped your ex ruin your family's life.

There is more to this than you are saying.

[Poolgirl]

If you are referring to the child support questions, to be honest I was looking for tactical reasons to make him wish to no longer pursue - i.e. you know if you choose to do this you will assume 30,000 dollars in debt and if you don't pay for 3 months or longer I can technically put you in jail (I wouldn't but these are just the thoughts running through my head, and I am not sure he realizes what he wants to get himself into).

I have to ask....

Not from a legal perspective but from a personal one.

What do you expect to gain from this?

You will shatter your husband. You will destroy your kids and their image of "Mommy the sleep around".

What exactly are you trying to accomplish? Yes, your ex b/f was the sperm donor, but your husband has lovingly raised the child from the moment of birth.

In everything but biology, your husband is the father (and that includes legally)...

Not every truth need be told. Sometimes, a truth is better left unsaid to protect the people you love.

[Baystategirl]

If you are referring to the child support questions, to be honest I was looking for tactical reasons to make him wish to no longer pursue - i.e. you know if you choose to do this you will assume 30,000 dollars in debt and if you don't pay for 3 months or longer I can technically put you in jail (I wouldn't but these are just the thoughts running through my head, and I am not sure he realizes what he wants to get himself into).

Where are you getting this 30K figure?? You allowed this situation to occur...Don't plan on a court awarding you retroactive support. And you can NOT, technically or otherwise, have him put in jail. Only a Judge can do that. And it will not happen for 3 months of arrears.

[aaron]

You seem to be forgetting your husband's interest in protecting his own presumed paternity. Your ex-boyfriend can bring a paternity action if he wishes, but your husband can oppose any genetic testing that would rebut his presumed paternity. The Court will then determine if it is in the child's best interest to permit paternity testing. See R.N. v. J.M., 347 Ark. 203, 61 S.W.3d 149 (2001):

In conclusion on this issue, we find that the trial court erred in holding that R.N. did not have standing to petition to establish paternity. We reverse and remand to the circuit judge with the instruction that prior to ordering paternity testing, thecircuit judge shall first conduct a hearing to determine whether it is in the best interest of the child to order a paternity test pursuant to section 16-43-901(g)(2), and then to further determine any related issues pursuant to the directives of that statute.

That cases also raises the possibility that your husband could raise equitable estoppel as a defense to the paternity action, although the issue was not fully addressed by the court.

[Poolgirl]

I was stupid in allowing the mail test. I honestly didn't think he had a chance that is why I agreed to begin with.

I wish I could go back in time for both instances but that is not possible.

Then why did you give him the genetic material for the DNA test?

You had the right to wait for a court to order you to do so. Instead, you helped your ex ruin your family's life.

There is more to this than you are saying.