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Father is in prison

Discussion in 'Paternity Law & DNA Tests' started by Helpingafriend, Mar 11, 2016.

  1. Helpingafriend

    Helpingafriend Law Topic Starter New Member

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    Jurisdiction:
    Michigan
    I am trying to help a friend, who is in prison, find out what he can do about a paternity test. He was married and the girl got pregnant. They filed for divorce while he was in prison and during the divorce mediation, he asked for a paternity test. This was not granted to him and the divorce is now final. Because they were married when the girl gave birth he is now being told he has to claim paternal rights. How can he get a paternity asap to prove she cheated and he is not the father?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    He can hire a lawyer.

    Or, he can wait until he gets out of prison.
     
  3. KatDini

    KatDini Well-Known Member

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    Since they were married at the time of birth, he may well have to hope the child's biological father steps forward.
     
  4. army judge

    army judge Super Moderator

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    He doesn't need to do anything AFFIRMATIVE TO ACKNOWLEDGE his paternity.

    Paternity is imputed upon him by virtue of the law, because he was allegedly married to the woman when she gave birth to the child.

    The issue of her bedding down a city with 100,000 men means nothing.
    By law, he's the putative father.
    He can seek paternity testing to defend his assertion that he is NOT the father.
    You might offer to assist him by helping to fund his efforts.
    Some states will offer taxpayer funded paternity testing, other states require the man to shell out coin to prove he's not the baby daddy.
    In my view, coughing up a couple hundred bucks, even five hundred bucks is a great deal cheaper than having to pay child support for 18 years for a kid that you didn't sire.
     

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