Is a wife able to get a paternity test knowing that the husband is not the dad will she get custody?

WOWZA!

If it's not his then yea, she'll get custody.

KRIS

not necessarily. is the x on the birth certificate? is he the legal father, considering that he is the husband?

what a mess we make when we can't keep our panties on!!!!!!!!

gurrrrl

No, I have seen non-biological father (stepfather) get custodyof a child if there is a problem the mother. As long as the guy was a father figure to the child, like a stepfather, he could possibly get custody.

answerme

Kris, Gurrrl, Otis are absolutely correct.

If his name is on the birth certificate, he can still try for custody and have a good shot.

Why? Social policy of many countries has always been that a child needs two parents for economic, social, and emotional needs.

As well, governments usually prefer to stay out of the child-raising business considering its difficulty and expense vs. government resources.

Gov't. would most prefer that the PARENTS be responsible for raising and being financially responsible for their child, foster care and orphanages notwithstanding.

That's why, waaaaay before the age of paternity tests, or easy ones anyway, men were automatically considered the father by the court if their name was on the certificate.

And, that's why, so many decades and decades ago, men were required to pay child support--no matter how much they screamed that the kid was a dead ringer for the milkman.

Over the past 15+ years or more, courts are recognizing, and giving rights to, what's called the "psychological" parent.

Doesn't matter whether a test proved that the kid isn't biologically the child of one spouse. Doesn't even matter if the kid was adopted by one spouse or BOTH spouses. It's about the fundamental security of the CHILD.

Today, women still, generally, have more likelihood of getting custory when they're the bio mother, or even being the adoptive mother with an adoptive father. But that's not an iron clad rule anymore.

Otis F

As far as the law is concerned, a husband is the "presumed father" of all the babies his wife produces. He can contest that within a certain period of time which may vary from state to state. If he doesn't contest within the specified period, then it is his baby as far as the law is concerned.

On the flip side, your wife put you on the birth certificate as the father and signed the application. In most states, she cannot contest paternity under those conditions.

And, if you can demonstrate that she is unfit as a parent, you can get custody.

Good luck to you!

Julie-Anne

um... it is HER child...

Mike

Most likely, moms usually do

nodumgys

that would be the most obvious scenario.

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