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  1. #1
    Join Date
    Jan 2011
    Posts
    1

    Default Possible Misrepresentation of Paternity

    My question involves paternity law for the State of: Maryland

    My husband has a child who is 14. The child is being told by his mother that my husband may not be his father. The child lives with his father and me and I think she is being vindictive since the child decided to live with us. She is threatening to take him for a paternity test. Can she force this child to go take this test which he does not want to do? If so and the test determines his step father is his biological father, is there anything my husband can do to keep this child with us since this is where he wants to live? My husband has paid child support for 12 of the 14 years. My husband and his ex wife divorced when the child was 2. Can we sue her for misrepresentation of paternity if this turns out to be true? Can we sue her for emotional distress on the child? I want to know what options we have available to us in all aspects from keeping the child, to not forcing him to take this test, to suing her if she lied about the paternity.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Possible Misrepresentation of Paternity

    Your husband is the child's legal father - at this stage it would be virtually impossible for anyone to challenge his legal paternity.

    I cannot see a court allowing paternity testing after this much time has passed, specially since LEGAL DAD (your husband ) actually has custody. It would absolutely NOT be in the child's best interests.

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