Tuesday, 7 October 2014

My husband I have been married 14 yrs. I had a short affair shortly after we wed. We worked on us have been very happy. The 'affair' guy...

Question

My husband & I have been married 14 yrs. I had a short affair shortly after we wed. We worked on us & have been very happy. The 'affair' guy left our lives but suddenly now wants to make me get a DNA test for my oldest child. I dont want to put my child through this. We are a happy family & it's best for my kids to keep things way they are. Can I refuse a DNA test?



Answer

You can refuse a DNA test as long as it was not ordered by a Court. If a Court orders a test, then you must take it. I assume that a court will give you an opportunity to appear and be heard before it orders a test. If so, you may want to hire an attorney for the court case.



Answer

Unless Ordered by a court, you are not required to provide a DNA test nor is your child. If the gentleman goes to court to get a DNA test, then you should be given notice and an attorney should appear for both you and the child. If the court appoints a Guardian ad Litem or an attorney to represent your child, the Petitioner should be required to pay for the cost of same.



Answer

You do not have to provide a sample for DNA testing unless and until ordered to do so by the Probate and Family Court. You will have to receive notice (at least 7 days in advance) of a hearing if this man schedules same in court. At that time, you will have the opportunity to explain to the Judge why a DNA test would be innapropriate. Ultimately, it will be for the Judge to decide, not this man.



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