I have a nephew that is 1 yr old. My sister is in prison now but when she got pregnant she was involved with two men. When she had her son the suppose grandmother took in my nephew and later her son took a DNA test and it came out to be that her son is not the father. The lady has filed a petition for gardianship to adopt and has asked me not to inform the other possible father of the results of her son's DNA test. I still informed the other possible father and now he wants a DNA test and custody of my nephew if my nephew would be his child. I had contacted the lady and she is upset and refuses to let the other possible father take a DNA test because she still wants to adopt my nephew.

I am not sure the details, but he can file a petition with the court, and a Judge can certainly order that the child be made available for a DNA test. When I filed for custody, my ex requested a DNA test and the judge ordered it. When he didn't show for the test, the judge rescheduled the testing and told him if he didn't show he would put out a bench warrant on him. If the grandmother, or legal guardian refuses, a bench warrant could be issued for court ordered part that doesn't obey the court order. Like I said, I don't know the details, but this is what generally happens. You would have to check with your local court about the process as every court is different.

The absolute best thing you can do is
Get an Attorney

The only way to settle is in court.
Then the arguments stop. With everything in writing
And ordered by a judge it gets clear.

I have experienced the justice system firsthand from
The "Family Court" perspective.

Get an attorney as soon as possible.

If the proposed bio father requests a DNA test through the courts then it will proceed that way until its resolved. Once the court orders it if the other party still wants to refuse they can go to jail. At the time of filing they can ask for custody of the child. And that is the reason for the DNA test to begin with.

The guardian does not have to allow the child to be submitted for a non court ordered test. But does for a court ordered one. So the possible bio father shouldn't have even asked, because it would have no weight in court. The ONLY way to do this is through the courts. So he should be filing a petition immediately for custody of the child. The court will order a test as part of that.