In Paternity Dispute Does The Father Have A Right To Call For DNA Testing?

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Tom McCutcheon

Tom McCutcheon

Q: My son got his girlfriend pregnant and they broke up. She now has a new boyfriend and she says that it is the new boyfriend’s child. My son and I want to know for sure and do DNA testing because we don’t think this girl and her new boyfriend will make good parents. It appears that drugs are involved. Does my son have the right to get DNA testing?

Stephanie
Florence, AL

A: Your son has the right to file a petition to establish paternity. He will have to pay for the DNA testing but if he believes he is the father and files a petition with the court asking for DNA testing, the court will order the parties to appear at the courthouse and be tested.

Your son could in the same petition file to establish paternity, visitation or custody and child support.

If the mother receives state assistance, the state can go back two (2) years for child support that your son would then owe along with interest on that child support. I truly believe it is much better to get ahead of the game and file a petition right away. If you don’t and your son ends up owing two years of child support plus current child support and has some bad luck and misses a few payments, he could end up in jail. It’s a lot better to go ahead and establish paternity right away and also begin to establish the father/child relationship through either a custodial relationship if the mother is unfit or through a visitation schedule.

Buckle up and drive safely.

McCutcheon and Hamner, P.C.

2210 Helton Drive
Florence, AL 35630

256-764-0112

 

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