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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default Can My Husband's Ex Force Him to Take a Paternity Test for His Daughter

    My question involves paternity law for the State of: West Virginia

    My husband's ex-wife is wanting him to take a paternity test for his daughter. They were married when she was conceived and he is on the birth certificate. She is now 10 years old and they have joint custody. Her mom has her four nights a week and we have her the other 3. She is saying that he is not her father but never requested a peternity test when they divorced in 2007. He does not care about paternity and does not want to be tested. Can she force this?

  2. #2
    Join Date
    Jan 2011
    Posts
    105

    Default Re: Can My Husband's Ex Force Him to Take a Paternity Test for His Daughter

    Since your husband was married to his ex-wife when the child was born, he is the legal father. In order for him to be disestablished as the father, a guardian ad litem would have to find that it was in the best interest of the child to do so. From the facts you have written here, I can see no reason why it would be in the best interest of the child.

    And I think to petition the court, your husband's ex-wife would have to petition to have another man established as the child's father.

    Here is a case to read if you want to know more.

    http://caselaw.findlaw.com/wv-suprem...s/1503626.html

    In WV, they look at 8 factors. These eight factors are:

    1) the length of time following when the putative father first was placed on notice that he might be the biological father before he acted to contest paternity;

    2) the length of time during which the individual desiring to challenge paternity assumed the role of father to the child;

    3) the facts surrounding the putative father's discovery of nonpaternity;

    4) the nature of the father/child relationship;

    5) the age of the child;

    6) the harm which may result to the child if paternity were successfully disproved;

    7) the extent to which the passage of time reduced the chances of establishing paternity and a child support obligation in favor the child;  and

    8) all other factors which may affect the equities involved in the potential disruption of the parent/child relationship or the chances of undeniable harm to the child.

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