Disputing Paternity After Divorce
My question involves paternity law for the State of: Minnesota after a divorce :I am divorced remarried to a new wife and currently paying child support to two children in Minnesota from a prior marriage which is fine if they are mine on more than one occasion ex has told me to take a test before I claim they are mine how can I go about getting this test performed or ordered so at least I know for sure that they are mine! Ex has stepped out of marriage on numerous occasions! I currently reside in Ohio
Re: Paternity After Divorce
You can't.
If you didn't challenge paternity as part of the divorce action, you've waived the right to DNA testing.
The only person who can do anything at this point would be the biological father (assuming you're not).
You can buy a home test, sure. But it won't give you the result you want.
Re: Paternity After Divorce
By marital preconsumption I am deemed the father but I was only there for one birth and I didn't sign either birth certificates or hospital papers as a matter of fact I was in a entirely different state for one of the children
Re: Paternity After Divorce
Regardless. Since you were married to Mom at the time of birth, you are presumed to be Dad. If you did not address paternity during the divorce, it's a little late to be questioning it now.
Re: Paternity After Divorce
Quote:
Quoting
Ilovemywifemisso
By marital preconsumption I am deemed the father but I was only there for one birth and I didn't sign either birth certificates or hospital papers as a matter of fact I was in a entirely different state for one of the children
I know where you're coming from, and I understand that.
But once you divorce, it's a done deal. You had the option of challenging paternity, and you didn't.
Re: Disputing Paternity After Divorce
Even though the divorce was done via telephone? So what your saying is I am pretty much out of luck? I can never find out true paternity even when kids are adults? If paternity is contested in adulthood and it comes up the latter I would not receive child support back? I'm pretty much screwed...
Re: Disputing Paternity After Divorce
You can certainly ask your adult children to take a DNA test and if they agree, you will know if you are the biological father. But not in the court system.
And what do you think you were paying child support into an IRA where now you want to withdraw the funds for retirement?
Re: Disputing Paternity After Divorce
Of all the times you ignored what your (ex) wife said, the one time you should have heeded her words you refused. She told you to get a test. You refused. They are your children now whether you made them or not.
Re: Disputing Paternity After Divorce
Quote:
Quoting
Ilovemywifemisso
Even though the divorce was done via telephone? So what your saying is I am pretty much out of luck? I can never find out true paternity even when kids are adults? If paternity is contested in adulthood and it comes up the latter I would not receive child support back? I'm pretty much screwed...
You effectively chose to agree with the divorce action. Once again, that is the last chance you had to dispute paternity.
You can of course take a paternity test - but it won't do darned thing.
You're not getting child support back. Why? BECAUSE THEY ARE YOUR CHILDREN.
Actually, let's try honesty. You're Dad's new wife, aren't you? And it's chafing you that he's paying child support to kids who might not be his biologically?
:cool:
Re: Disputing Paternity After Divorce
Thank you Dogmatique. That is exactly what I thought as well.