Legal Question in Family Law in Minnesota

I am a married woman who had a baby another man wants to sue me for paternity testing claiming the babay is his. My husband signed the birth cert and takes care and full responsibility of our daughter. I had a restraining order placed on this other man and he tried to contest it but when it came down to the court date his lawyer backed down and decided not to contest it so the restraining order is in effect for 2 years. After the order went into effect this other man sent a email to my brother stating all these fictious lies and caused much un needed drama in my family. My husband myself and our daughter took a home dna test and it stastes that she is my husbands. Can this other man force us to do antoher test, isnt this harrassment? I get calls from him all the time from a blocked number but there isnt anything tht I can do about it cause I have no proof. please help me!! also I am in mn

Asked on 3/22/12, 11:01 am

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices
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I would clearly need additional information, for starters -- the birth date of the child, and when the biological father learned of the birth. He can bring an action to declare that your husband is not the father, but depending on facts not in your question, he could be subject to the time limits in Minnesota Statutes 257.57 sub 1 (action must brought within two years if he could be a presumed father), or under sub 2, which could limit his right to act to six months, ("if the action is brought within six months after the person bringing the action obtains the results of blood or genetic tests that indicate that the presumed father is not the father of the child.") I'm not sure what you mean when you say your husband signed "the birth certificate," since father's don't sign the birth certificate -- but rather a recongnition of parentage. I presume that is what you are referring to.

Additional facts are plainly required to provide a competent answer to your question. In the meantime, you can review the statute (Minn. Stats 257.55 and following), but this is a complicated area of law. In a very general sense, I would suggest you wait. Do nothing. There is nothing you can do to change the facts as they exist at this time, and any delay only works against the alleged biological father. You could, perhaps, provide the home DNA test results to the man claiming to be the biological father, as this would arguably limit his time to respond to six months, but I would not suggest you do that without first reviewing all of the facts with an attorney. Without additional, detailed information, an attorney cannot give you proper legal advice on this matter. You can feel free to call my office if you have additional questions, and I encourage you to go beyond this or any forum to have the issue properly evaluated.

Good luck.

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3/22/12, 12:11 pm

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