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  1. #1
    Join Date
    Jan 2011
    Posts
    2

    Default Asked to Take a DNA Test

    I was recently asked to take a test to establish paternity for a 7 year old. She said that it's been bothering her and she just wanted to find out. I have not seen or heard from the mother for 8 years and don't know her very well. The timing makes it possible that I could be the father. She was single when she got pregnant and got married while pregnant to someone she referred to in my notification call as her "ex". I have not been able to find divorce records so I don't know if/when that happened. I've researched for days and found that in some states there are limitations where the presumptive father is the legal father forever, if not contested in a certain time frame. I'll assume that, if they were married during birth, his name is on the birth certificate. AZ statutes are not very detailed with the exception of a 60 day rule that wasn't very clear. This would be a very different matter if I was told of this pregnancy 8 years ago. I'm not trying to run away from obligations but I have no relationship with either the mother or child. I got married last year (1st) and my wife (1st) is 5 months pregnant. This is a very difficult situation for me and my wife. Yes, not knowing if the child is mine is crushing but not as bad or important as attempting to give my wife the simple life she deserves. Question: Would the mother be able to get the court to make me take a paternity test if she was married when she gave birth 7 years ago? I don't want to take a DNA test. I'm more interested in emotional reprieve than financial. From what I've found, the only challenge after this amount of time could be from someone who believes that they are the biological father and want certain rights. Thank you in advance for your knowledge and assistance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Asked to Take a DNA Test

    What do you mean you were "asked"? Mom called you up and said, "Will you take a DNA test to see if my daughter is your child," or are you talking about being served with a court order requiring that you submit for DNA testing. If it's the former, mom simply asking because she's curious, you can say "no". If it's the latter, it suggests pending paternity proceedings in which your failure to respond or cooperate could result in your being declared the father by default and ordered to pay support.

  3. #3
    Join Date
    Jan 2011
    Posts
    2

    Default Re: Asked to Take a DNA Test

    I received a call from the mother requesting DNA testing to verify paternity for her son. There has been no legal situation or court order. Just a phone call as of now. I know that if the court orders a test I must comply. My main question is whether the court in AZ can demand a DNA test under the circumstances of the child's age and her marital status at the time of birth.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Asked to Take a DNA Test

    The simple answer is "maybe" - if circumstances permit.

    The court can disestablish legal paternity as part of a divorce action if it is in the best interest of the child which could leave you open to court-ordered paternity testing.

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