I reside in the state of Missouri. My wife and I are undergoing a divorce. I am filing for full custody, primarily for the safety of my daughter. My soon to be ex-wife is unfit as a mother and is trying anything and everything to keep me from my four year old daughter. Just recently, she made a claim that I am not the father and requested a DNA test. The judge didn't order me to take one. However, she talked to the guy she claimed is the father and convinced him that he needed to take the DNA test. Our trail got delayed due to this with the statement of "awaiting DNA results." After questioning my wife, he is convinced that he isn't the father and is unwilling to pay for the test. My question is two fold. One, will the judge now order me to take the test, since my soon to be ex is now willing to pay for it? Two, if I am determined not to be the biological father, will I lose my daughter?
2 Answers from Attorneys
You should discuss this with your attorney. If you do not have an attorney, you should hire one. What could possibly be more important than your daughter's future ?
Yes, the judge will have to know whether she is a child of the marriage. If she is not then you can file for guardianship if neither parent can take care of the child or file for custody. Ti win the custody case you have to prove the mother unfit. Presumably, the alleged father does not want to be a father and would consent to you getting custody of the child.