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    david22ramirez's Avatar
    david22ramirez Posts: 2, Reputation: 1
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    #1

    Jun 10, 2009, 04:43 PM
    Paternity test for father in a marriage
    Can I have the court who ordered me to pay child support to wife allow me to have a paternity test for children who might not be mine? The court said I was not granted that, but I've tried to pay for my own paternity test, but the mother in question won't grant me access to have test done.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Jun 10, 2009, 04:50 PM

    Depends on where you live, a paternity test might not mean anything even if they weren't your biological children.

    You are the legal father of the kids since they were born to the marriage and in many states, there is a statute of limitations to how long you have to challenge it.

    A paternity test taken on your own is not admissible in court.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #3

    Jun 10, 2009, 05:17 PM

    You need to say what state you are in because the law on the subject varies from state-to-state.

    Stevetcg gave a good answer, above, by the way.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #4

    Jun 10, 2009, 05:19 PM
    Quote Originally Posted by stevetcg View Post
    Depends on where you live, a paternity test might not mean anything even if they werent your biological children.

    You are the legal father of the kids since they were born to the marriage and in many states, there is a statute of limitations to how long you have to challenge it.

    A paternity test taken on your own is not admissible in court.
    Very well said.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jun 10, 2009, 05:25 PM

    Of course if youi want a DNA test, although it may not be admissible in court, just do it, when you get the children for visits or other times, you merely do a test.

    But in many places you will be the legal father no matter what.
    david22ramirez's Avatar
    david22ramirez Posts: 2, Reputation: 1
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    #6

    Jun 10, 2009, 06:23 PM
    I'm in Florida... There is a law called "disestablishment of paternity", but it doesn't state the statues of limitation...
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #7

    Jun 11, 2009, 06:21 AM

    Assuming the FL court has jurisdiction (is FL where the child support order was filed?) there is no statute of limitations to vacate a paternity judgement.

    Florida Domestic Relations Code Section 742.18 - Determination Of Parentage - Disestablishment of paternity or termination of child support obligation. - Florida Attorney Resources - Florida Laws

    You should read through this link and follow the directions to petition for a change of support obligations according to this law.
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