My husband just got a child support letter in the mail saying he is the father of a 10 year old kid. The kid doesn't have the same last name as his mother. Does that mean someone else is legally his father? Does my husband have to take a paternity test?
2 Answers from Attorneys
Who sent the letter? If the AG's office sent it, he does have to take the test. And no, legally the father is the father. There is a presumption that if the mother is married, the child belongs to the husband but that presumption can be rebutted.
Run...don't walk...to an experienced family law attorney's office immediately for legal advice. Your husband needs to request a DNA test. He needs legal representation.