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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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A friend and his wife have recently split and are getting divorced.

Customer Question

A friend and his wife have recently split and are getting divorced. They have a daughter who was born whilst they were married. He found out that his wife had been having an affair and they decided to go their separate ways, upon which she stated that she is also now pregnant and doesn't know who the father is. The ethnicity of the child would have made it obvious who the father was when it was born, however she miscarried. It has since become apparent that she has actually had many affairs and has been having regular sexual contact with lots of others during their marriage, including right at the start when she fell pregnant with their daughter. He is Asian and the child is obviously half Asian, however one of the other men she had been with at the start of their marriage was also of the same nationality as my friend. He is now very concerned as to the paternity of his daughter, and is she actually his. His wife is refusing a DNA. She has contacted Child Maintenance Service to claim maintenance from him. He has no problem with this, but has told them that he wants a DNA test. They have informed him that this is irrelevant and that they cannot enforce the DNA as he is named on the birth certificate and they were married, and that unless he has some evidence to suggest that there is a strong possibility of him not actually being the father, there is nothing he can do. For him the problem is not paying for his daughter, he just wants to know if this is actually his daughter. CMS have said that he just has got to pay for his daughter and that there is nothing he can do to get a DNA test unless the mother agrees, but that she can claim money from him even though it now seems that there is massive doubt over the child's paternity. She has also stated that with her recent pregnancy, the only reason she informed my friend that the baby may not be his is because it may be born and be a completely different ethnicity. This has obviously led him to think that because the other person/people she was sleeping with when she conceived with their daughter was of the same ethnicity as he is, perhaps she felt that she could just cover it up and keep it a secret. How can he find out if this child is his?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and what contact doe she have with her?
Customer: replied 3 years ago.
Relist: Answer came too late.