Q&A: Does a paternity test override a paternity affidavit?

Question by mommytimestwo:A paternity test cancel a paternity affidavit? My friend was married when she had her baby, so she and her husband signed a declaration of paternity. Now, she just took a paternity test with another man who was found to be the father of her daughter. Does the new paternity test void the original affidavit or do they have to go to court to destabilize the original affidavit? Thanks for your help! Best answer: Answer

the cat’s meow Hmm
complicated, would probably have to return to court with proof of paternity have over delivered.

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2 Responses to “Q&A: Does a paternity test override a paternity affidavit?”

  1. I do not know this for a fact or anything, but she will probably have to go back to court to “disestablish” the first one. (Where i currently live- FL- my best friends biological father is not the one on her birth certificate, or even reconized by the law because her mother wasn’t divorced from her 1st (and only) husband at the time.) – was a, umm…to be nice, not a very good husband.

  2. No, it does not just over-ride the affidavit; the husband would still be the legal father in that situation.

    There will need to be a ‘declaration of paternity’ from the court. If the legal father has to pay child support he must continue to pay untill the court orders that he no longer pays.

    The daughter sort of has 2 fathers right now, a legal father and a biological father. This is assuming that the DNA test was court ordered and is valid in court. The test must have the chain of custody and the proper accreditations required by the state.

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