Full question:
I am pregnant and I am afraid of the father of my child, but on the basis of emotional abuse. I want nothing to do with him. More importantly, I feel it is in the child's best interest that he have nothing to do with us. I want nothing from this man. This is a married man with whom I had sex once. He is obsessed with me. He will not leave me alone. He wants to be acknowledged as the father of my child. I tried to tell him that he is not, in fact, the father. He doesn't believe me and is demanding that I give him a paternity test once the child is born. He says that if I do not submit voluntarily that he will get a court order. My question is twofold: What is the likelihood that a court will grant a married man an order for a paternity test on a child fathered outside of his marriage? If he does get a court order, is there anything I can do to fight it since I am not making any demands for child support?
- Category: Paternity
- Date:
- State: New Jersey
Answer:
In general, when a child is born to an unmarried mother, the child does not have a legal father until paternity is established. Unmarried fathers can seek to establish paternity through various means, including court action. A court will review a request for a paternity test to determine if there is sufficient evidence to justify it.
If the court orders a paternity test, the mother, child, and alleged father will be tested at a designated facility. In most states, the mother has custody of the child until a court order states otherwise. Even after paternity is established, the mother typically retains custody unless a court decides otherwise based on the child's best interests.
In your situation, since the father is married and you have had only one encounter, the court may consider these factors when deciding on the paternity test request. If you do not seek child support, it may influence the court's considerations, but it does not automatically prevent the father from pursuing paternity. If he obtains a court order, you may have limited options to contest it, especially if he can show a reasonable possibility of paternity based on your brief relationship.
For specific guidance and to navigate this complex situation, consulting with an attorney who specializes in family law is advisable.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.