im the biological father and want to be the legal father of my son

this8384 · Feb 12, 2010, 10:39 AM

So let me get this straight: you are under the impression that the courts are going to waste the time and energy allowing an outside DNA test to be submitted when one of the parties could argue down the road that the test was tampered with and claim the results are not accurate, rather than just ordering a DNA test to begin with?

Why do you have such an incessant need to argue and try to prove that you're right? On nearly every legal thread you post on, it turns into childish bickering about why you think you're right and why everyone should stop picking on you. Enough is enough; admit you're wrong and stop already.

passmeby · Feb 12, 2010, 11:04 AM

Quote:

I could take any toddler in with me, hand them my daughter's birth certificate and say that the toddler is my daughter - there is no legal PROOF.

Absolutely. But that is true for ANY situation, court-ordered or not, since babies/young kids typically do not have government-issued official picture ID's. Hence the guidelines for the "legal" smaple collection, which involves requiring a minimum of 2 forms of ID for everyone involved (SS cards, gov issue ID, birth certificates, passports etc), pictures are taken of all participants....and the "chain of custody" must be strictly adhered to in order to be considered "legal".

The courts will ALWAYS, ALWAYS retain the ability to demand that the DNA test be done through their channels, however provided the DNA test is done under the strict legal guidelines, it is typically accepted just the same as if it was done through the court. Thus the reason why in my posts I said "CAN be" and "some are, some aren't"....because even if done by legal standards, it can always be overridden by a judge and demanded that the parties take a court-ordered test. But generally that doesn't happen, usually a legally done private test is accepted.

ScottGem · Feb 12, 2010, 11:20 AM

Passmeby,

This is a continuing problem with your posts. You have enough knowledge to be dangerous. But you often don't fuly understand the reality of the court system.

Its one thing for a site to advertise that they can provide "legal" tests. Its another thing for a court to accept it.

Quote:

Originally Posted by passmeby

The courts will ALWAYS, ALWAYS retain the ability to demand that the DNA test be done through their channels, however provided the DNA test is done under the strict legal guidelines, it is typically accepted just the same as if it was done through the court.

What is the likely scenario is for the judge to order a paternity test to be done when they accept the petition for custody. Even if the petitioner has had a test done at an accredited lab with the chain of evidence preserved. Since the test was not performed under court order, the court will still order their own test. What This is asking for is proof that a court has to accept a test not ordered by the court or that they will "typically" do so. If you can't provide such proof then stop arguing.

ScottGem · Feb 12, 2010, 11:31 AM

Quote:

Originally Posted by jay366cee

hi,I just found out that I am the biological father of my 2 yr. Old son through DNA testing.my son's legal father right now is his mother's ex live in partner.

You need to file a petition for custody in NJ where the child lives. Do not be concerned, right now, about the current legal father's blackmail (especially if you have proof of the demand). You still have to go to court to get things changed.

You don't say how you came about to take a test and where the test was taken, but the likelihood is the court will order a new test.

I would have to check NJ law, but if they are not married there is a good chance the courts will award you custody. I would strongly suggest you retain an attorney to help you properly prepare your case.

passmeby · Feb 12, 2010, 12:42 PM

If the OP isn't contesting paternity, which it doesn't sound like he is, then would the court really want to do another DNA test? It sounds like he wants to be the father, and he accepts the DNA results that he got, so can't he just sign an affidavit acknowledging he is the father and not have to go through the expense of getting another DNA test?

cdad · Feb 12, 2010, 01:13 PM

Quote:

Originally Posted by passmeby

Link has been provided in the above post. Please re-check! Thanks.

Edit: I have provided even more links, see above. Just Google it if you still want more, there are numerous sources out there.

Ref: http://www.dna-testing-paternity.com...urt-admissible

This is from one of the sites you posted as a reference.
(quote):
Finally, in order to allow a motherless legal test, the father must prove with documentation that he is the legal father and guardian of the child who is authorized to sign on behalf of the minor child. Proof can be a birth certificate with the legal father’s name on it or court documents showing custody and guardianship of the child.

(end quote)

What that means is that you already have to be the legal father. In a case like this that doesn't apply. In most cases where there is no signature on the Birth Certificate there is no established legal father. A child born unto a married couple still isn't the legal father until confirmed by a court but the are the "presumed" legal father.

The reason why its done like this is because although it is minamally invasive it is a medical procedure. And that's why the legal father or mother must consent.

So in a case like this the testing nomatter what heading is applied isn't going to hold up in court.

ScottGem · Feb 12, 2010, 03:29 PM

Quote:

Originally Posted by passmeby

If the OP isn't contesting paternity, which it doesn't sound like he is, then would the court really want to do another DNA test? It sounds like he wants to be the father, and he accepts the DNA results that he got, so can't he just sign an affidavit acknowledging he is the father and not have to go through the expense of getting another DNA test?

The court may pay for the test. The petitioner isn't always required to pay. Sometimes the services of local forensics labs are used.

But no, if the court won't accept the test results he received (as is likely) they will require a test be done.

jay366cee · Feb 12, 2010, 05:00 PM

Quote:

Originally Posted by babysaver

I just want to make sure I am reading your post correctly. Your son's mom is okay with you moving him to CA?

Yea she's totally fine with it.

Fr_Chuck · Feb 12, 2010, 05:07 PM

To make this very simple, most courts have a list of approved labs that they will accept tests from, if the lab is not on the list, it will not be accepted,

Normally the requirements will be that proper ID was done for the persons being tested and specific paper work signed to state that they are the person being tested.

There is even a legal chain of evidence that has to be followed,

If the above is not done, it can be a great lab, but the test will not even be considered.

jay366cee · Feb 12, 2010, 05:14 PM

Ok I get it.we didn't do the "LEGAL" one,we did the mailing thingy.the company sent us the materials and we did it ourselves and sent it back to the company.then after two weeks they emailed us and called us about the result.the legal father right now even did it too.but I'm not sure if it was the same company though.my DNA is positive and the legal father is negative.

im the biological father and want to be the legal father of my son

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