long story short husband cheated i forgave him. other woman is claiming pregnancy but we know for a fact she is not but just in case i had a couple questions.
can the guy refuse to take a paternity test if he is positive baby is not his?
if he is made to take it would he have to be in contact with the woman?
when the baby is born could she give the baby his last name without his consent or signature?
we have a pyscho on our case. hubby confessed immediately after cheating and broke all things off with her. she has no contact at all with him due to us moving and changing numbers jobs ect. but she has my phone and knows my car and stalks me. she is intent on breaking us up. she was jilted i guess and went crazy. not sure why since they were together only 4 times and she is a family friend who knows me and my kids. but she has the nerve to come to my face and tell me she loves him and will take him from me!
2007-03-12 00:25:04 · 10 answers · asked by maylene1852 4 in Family & Relationships ➔ Marriage & Divorce
we are 99.9% positve shes not pregnant she came to my house march 6 and dropped off what she called her "proofs". these were documents from the same clinic that i go to. i was suspicious due to the fact that she works in the hospital so she probably has many friends that could have made or sold her those documents. i happened to have an appointment there myself so i had them checked out and were told they were real documents but with falsified information on them, even her name was misspelled. since my appt was to check for stds i talked to the std counselor about my situation and even tho legally you are not supposed to, she looked up the girl for me in the computer and it was a lie. she never took pregnant test there. also her first mistake she made that made me suspicous was telling me she paid $75 with no insurance and that my dh better start helping her with money. i to am uninsured and was told the test cost $150. $46 if you dont want to see a doctor. no way she paid $75 for it.
2007-03-12 00:40:22 · update #1
For child support reasons, yes he will have to do a paternity test. If he is the father, and this 'mom' is as crazy as you say she is, have him get custody of the child. If not, 25% of his salary goes to HER if he is the father.
2007-03-12 00:28:52 · answer #1 · answered by holeeycow 5 · 1⤊ 0⤋
I would first get a restraining order against her, and enforce it any time she contacts, stalks, calls, etc. Document it all also, every single time. Next, I would say that your husband should take the paternity test if she is in fact pregnant. I am not sure if he would "have" to, but otherwise she could come after him for child support. There is no 100% birth control unless she has had a complete hysterectomy, which apparently she has not. I "think" that she can list him as the father on the birth certificate without his consent, but am not positive on that. Just concentrate on your own relationship and family, protect them every way possible. Good Luck to you!!
2007-03-12 07:37:55 · answer #2 · answered by MrsJ S 2 · 1⤊ 0⤋
If she takes him to court, they can order a paternity test for the purpose of determining whether he is responsible for supporting the child. If he was ordered to take the test, there would be no reason for him to be in contact with her unless it is determined that he is the father.
Legally she should not be able to give the child his name in most states--maybe all, but it has happened before. With or without his name, if he is not the child's father--he is not the child's father.
Tell her that if she continues to stalk you, and endanger your children, you will get a restraining order, and do it if necessary!
2007-03-12 07:35:50 · answer #3 · answered by PEGGY S 7 · 0⤊ 0⤋
If the court orders a dna test (and they will) then NO he can’t refuse to take it. Well, let me rephrase, he can refuse, but if he does, the court will simply declare him the father by default (which makes him the legal father) and order him to pay child support.
If he’s 'positive' it’s not his, then he shouldn't be afraid to take the test. But, if he slept with her (and apparently he did) then he can’t be positive it’s not his. It very well could be his child. So, get prepared for that possibility.
Regarding the name--in the U.S. an unmarried woman can give her child ANY last name she chooses (in every single state as far as I'm aware). The only way he can prevent it/get it changed is to get a court order, but if he’s the father….
And I already told you my opinion about this clinic’s unethical and illegal actions in my post to your other question.
2007-03-12 08:26:46 · answer #4 · answered by kp 7 · 1⤊ 0⤋
Wow I'm sorry for you.
Why not just let him take the test if you're so sure he's not the father? Then you'll have proof the baby isn't his, and the woman will have to leave him alone.
So long as he doens't take the test, there is no proof.
2007-03-12 07:29:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, your husband can refuse to take the paternity test, I suggest taking it and either prove the child is or isn't his.
No, he would not be in contact with the woman during the test, he would go to the hospital and either give blood or have a swab test done.
Yes, she can give the child your last name or any other she chooses.
Hope this helps and Good luck.
2007-03-12 07:40:17 · answer #6 · answered by eyes_of_iceblue 5 · 0⤊ 2⤋
If she comes after you for money, then a paternity test can be ordered under court supervision. Then you will know for sure.
2007-03-12 08:27:58 · answer #7 · answered by Gary M 2 · 0⤊ 0⤋
yes and it would be to his advantage to take the test if he is so sure it is not his child, or she can make him pay child support, he does not have to be around her when the test is taken. she can put any last name she wants on the birth records if she puts him down as the father it will be up to him to get it removed if he is not the father
2007-03-12 07:47:13 · answer #8 · answered by emma 3 · 1⤊ 0⤋
This logic is convoluted.
IF the kid is not his the way this should go is this.
" The kid is NOT mine. I will take a paternety test at your expense to prove it. Until then stay away".
2007-03-12 07:37:00 · answer #9 · answered by Flagger 6 · 0⤊ 0⤋
a court can force ur husband to do so
2007-03-12 08:07:05 · answer #10 · answered by Anonymous · 0⤊ 0⤋