Cana thrid party force a paternity test?

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Cana thrid party force a paternity test?

My wife and I have a 22 month old child together and were married before that birth. We are still married and live together. An ex is now demanding that we get a DNA test. State law says that I’m presumed to be the father and that only a husband or wife can challenge the paternity, not an outside party unless we consent. Is there any way he can get around this and legally challenge the paternity of our child?

Asked on October 13, 2012 under Family Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country the third party that you are writing about cannot legally challenge your paternity of the child that you are writing about assuming you are named as the child's father on his or her birth certificate and you treat the child as your own. I suggest that you consult with a family law attorney about you matter and how to keep the third party away from your family.


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