If my son is an unwed father of an 8 month old boy, can he ask the court to order a paternity test?

His girlfriend has moved out and has petitioned for custody of the baby. They both signed an “Acknowledgement of paternity” when the baby was born. Now my son has reason to believe that he may not be the father.

Asked on January 18, 2013 under Family Law, New York


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If they have both signed an acknowledgement of paternity, then your son would have standing to file a paternity/custody suit.  If she has already filed a custody suit, then he needs to file an answer to the suit that requests the court to order DNA testing.  Being dad is a lifelong responsibility.  Once he agrees in a court order that he is dad, he'll have a very hard time undoing it later.  This is his chance to get a DNA test done and know for sure.  He is not required to have an attorney, but a family law attorney can help him with the mechanics of filing an answer and getting the judge to sign off on paternity testing.

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