When Kourtney Kardashian gave birth to Mason Disick on December 14, 2009, she reportedly didn’t know who Mason’s father was. Ten months before Mason’s birth, Kourtney and Scott Disick broke up, and she allegedly had unprotected sex with model Michael Girgenti. Kourt’s former lover is now threatening to take her to court for a DNA test, because he believes he is the father.
A California lawyer tells us EXCLUSIVELY that if Kourtney refuses the test, the judge can technically give Michael custody of Mason:
It is theoretically possible that if she declines the judge could rule against her and grant Michael paternity and the rights that go along with that. Shockingly, California Law permits anyone that alleges that they are the father of a child to sue for paternity. The court is required to order the genetic testing and if a party refuses to submit to the test, the court may automatically grant the other party paternity. That means that if Kourtney refuses to submit to genetic testing, the court could find Michael is the father and would award him visitation rights and he would have to option to sue for custody.
We spoke with another California family lawyer who explained that if Michael does sue Kourtney, she will be required to submit to DNA testing:
The family code in the state of California in any court preceding in which paternity is a relevant fact states that the court shall order the mother, child, and alleged father to submit to genetic testing. If either party refuses to submit to the test, the court may resolve the question of paternity against that party, or enforce the order compelling that person to submit to genetic test. It only takes a swab of saliva so likely the will simply enforce genetic testing for all three parties.
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