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  1. #1
    Join Date
    Oct 2015
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    2

    Default Biological Father Won't Agree to Take a Paternity Test

    My question involves a child custody case from the State of: Minnesota
    I suspect my husband is not the biological father of my one year old. My husband's name is on the birth certificate. The biological father is refusing to take a paternity test and is claiming even if he is the real father, he won't have to pay child support because I'm married and my husband's name is on the birth certificate. Is this true?

  2. #2
    Join Date
    Feb 2014
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    Default Re: Biological Father Refuses to Step Up

    257.57 DETERMINATION OF FATHER AND CHILD RELATIONSHIP; WHO MAY BRING ACTION; WHEN ACTION MAY BE BROUGHT.
    Subdivision 1.Actions under section 257.55, subdivision 1, paragraph (a), (b), or (c).

    A child, the child's biological mother, or a man presumed to be the child's father under section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:

    (a) at any time for the purpose of declaring the existence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or

    (b) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action is brought within two years after the person bringing the action has reason to believe that the presumed father is not the father of the child, but in no event later than three years after the child's birth. However, if the presumed father was divorced from the child's mother and if, on or before the 280th day after the judgment and decree of divorce or dissolution became final, he did not know that the child was born during the marriage or within 280 days after the marriage was terminated, the action is not barred until one year after the child reaches the age of majority or one year after the presumed father knows or reasonably should have known of the birth of the child, whichever is earlier. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.
    Subd. 2.Actions under other paragraphs of section 257.55, subdivision 1.

    The child, the mother, or personal representative of the child, the public authority chargeable by law with the support of the child, the personal representative or a parent of the mother if the mother has died or is a minor, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor may bring an action:

    (1) at any time for the purpose of declaring the existence of the father and child relationship presumed under sections 257.55, subdivision 1, paragraph (d), (e), (g), or (h), and 257.62, subdivision 5, paragraph (b), or the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, clause (d);

    (2) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is brought within six months after the person bringing the action obtains the results of blood or genetic tests that indicate that the presumed father is not the father of the child;
    https://www.revisor.mn.gov/statutes/...7.57&year=2015
    See also:
    https://www.revisor.mn.gov/statutes/?id=257.55
    https://www.revisor.mn.gov/statutes/?id=257.62

  3. #3
    Join Date
    Oct 2015
    Posts
    2

    Default Is My Baby Another Man's

    My question involves paternity law for the State of: Minnesota

    I posted this question earlier and someone posted the laws, which I thank you, but I'm still confused.

    I am a married woman with a one year old. I am not sure if my baby is my husband's or not. There is a possibility it is another man's. The other man will not submit to a DNA test. I'm not sure where to go from here. How long do I have to establish paternity? Should I tell my husband the baby might not be his? Is there a way to test my husband without him knowing about it?

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Is My Baby Another Man's

    So why did you not just post in your first thread that you need clarification/were still confused?

    If you are still married and plan to stay that way, why rock the boat?

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Is My Baby Another Man's

    Quote Quoting jamie1980
    View Post
    My question involves paternity law for the State of: Minnesota

    I posted this question earlier and someone posted the laws, which I thank you, but I'm still confused.

    I am a married woman with a one year old. I am not sure if my baby is my husband's or not. There is a possibility it is another man's. The other man will not submit to a DNA test. I'm not sure where to go from here. How long do I have to establish paternity? Should I tell my husband the baby might not be his? Is there a way to test my husband without him knowing about it?
    Do you really have to ask if you should or should not tell your HUSBAND that he might not be the father of this child?

    Are you serious?

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Is My Baby Another Man's

    Quote Quoting jamie1980
    View Post
    I posted this question earlier and someone posted the laws, which I thank you, but I'm still confused.
    By what part? You have two years to bring a paternity action from the time you knew or should have known that somebody other than your husband might have been the father, but in no circumstances more than three years from the child's birth.
    Quote Quoting jamie1980
    The other man will not submit to a DNA test.
    Then it's safe to say he won't be bringing a paternity action.
    Quote Quoting jamie1980
    Should I tell my husband the baby might not be his?
    Would you end up in divorce court?

    Obviously, if you file a paternity action trying to prove that the other man is the father, you're going to clue your husband in to the fact that the child may not be his.
    Quote Quoting jamie1980
    Is there a way to test my husband without him knowing about it?
    You mean, like swabbing his cheek while he's sleeping? That wouldn't be difficult, but what would be the purpose? Are you planning on divorcing your husband and trying to get back with the other guy if the child isn't your husband's?

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