OK I was with a girl for like a year never married and she claiming the child is mine but I know its not. I signed a voluntary paterinty and paying support how do I get a dna test t prove its not mine and how do I stop support??

How old is the child? Your going have to go to court to get a DNA test but why did you sign the paternity acknowledge if you had doubts that you was the father?

You better go to the court fast because in most states there is a time limit on these things from the time the child is born. Some states have a limit of 2 years after the child is born.

Good luck. If you're in Wisconsin and you signed a voluntary paternity admission, you just waived any right to a DNA test or any claim that the child isn't yours.

Why did you sign if you didn't believe the child was yours?

You now have to petition in family court for a paternity test. If the test is negative they youhave to petition to remove your name as legal father and end support.

How old is the child? Your going have to go to court to get a DNA test but why did you sign the paternity acknowledge if you had doubts that you was the father?

You better go to the court fast because in most states there is a time limit on these things from the time the child is born. Some states have a limit of 2 years after the child is born.

The acknleledgment was not suppose to get mailed she mailed witout me knowing and I have been t court several times

Why did you sign if you didn't beleive the child was yours?

You now have to petition in family court for a paternity test. If the test is negative they youhave to petition to remove your name as legal father and end support.

It's not that easy in every state, Scott. Some states, such as Wisconsin, won't even let you get that far if you signed an admission. By signing that admission you waive your right to ask for a DNA test, you waive your right to claim the child isn't yours, you waive a lot of your rights. That's why DNA tests are critical before signing anything.

Even if it wasn't supposed to be mailed why did you sign it? But the bottomline is you need to petition the court to have paternity determined. Assuming your local laws allow

the acknleledgment was not suppose to get mailed she mailed witout me knowing and i have been t court several times

That just sounds like an excuse to me. So what if she mailed it? You signed it and you knew what you were doing.

What state do you live in?

But they r asking me to up with $750 for gal fees? Y can't I just use an at home test?

There is no such thing as a DNA home test. DNA testing has to be done by an accredited lab.

No a home test will not hold up in court.

I live in WI

You I right it signed regardless now what do I do

There is at home dna testing kits u cn buy at ne cvs pharmacy

i live in WI
Then legally, you shouldn't even be able to take this to court. It says right on the slip of paper: Do not sign if you do not believe the child is yours and also outlines all of the rights that you are surrendering by signing that paper. If you signed that admission and it was submitted to the state, then that's the end of it. Your child or not, you're going to be paying support until that baby is 18.

Ther is no such thing as a DNA home test. DNA testing has to be done by an accredited lab.

He is talking about those fly by night tests that you can order online. Then you send it back, they do the test, and mail you their finding. This holds no weight in court.

I did petition court and reopened case but they still have me paying even though I contestin paternity and they want me t pay $750 for gal fees before they assign a gal t my case and then it'll be up to the gal wheather it in the best interest oif the child and by the way the child will be one in nov

Is there nethang I can do?

Yes, you can buy a home "paternity" test but it's not going to hold up in court. The court will perform an unbiased test, which is why they want you to pay fees.

I still can't see how you even legally got this far. You can't waive your rights and then get them back. Did the court somehow miss that you signed the paternity admission?

First this is not texting. Please use complete words and sentences.

Second, A home kit is only for collection, you still have to send it to a lab for testing. But the courts require more. Stringent testing.

And if you are from WI, then read what This8384 is saying as she is familiar with WI laws.

No they are well aware I signed the paterinty


But by law doesn't any one have the right to contset paternity

If WI law says that by signing that you waived all your rights then you are lucky you even got that far! So really what you can do is just go on paying your support or come up with the $750 and hope that it comes out negative and the court will overlook the fact that you already signed the paper waiving your right to have a DNA test later done. If you really want to buy a non court ordered DNA test you can but it really dosen't matter what the result is because the court only allows court ordered DNA tests (done at their approved facilities) to come into the court for decision making.

If they're aware and are still letting you waste their time, then this state is more stupid than I thought... that, or you don't fully understand what's going on in the courtroom and are posting what you believe to be the scenario.

You signed an acknowledgement that said "This child is mine; I am responsible to support it until it is 18 years of age. I waive my right to contest paternity, I waive my right to claim that it is not my child, I agree to pay child support." It states all of this on the acknowledgement that you signed of your own free will.

So why would I have to pay a gal to make the dna test when I could just go and do it on my own?

but by law doesnt any one have the right to contset paternity

"This" who is also from WI already explained that in your state by signing the paper that acknowleged your paternaty you waived those rights. That is pretty normal that is why you have to read through things even if they are thousands of pages long before you sign it.

No I telling you the real scenario and I went to court because I wrote the judge a letter asking for the case to be reopened and I went to court and they reopened the case based upon my letter and the mother agreed to reopening the case

The reason that you would have to pay for the court test, as I already explained, is because those are the only results that they will allow in the court. You can go get one on your own but it won't hold one single drop of water in court it would be like bringing a slinky and saying that if it bounces that you are not the father.

but by law doesnt any one have the right to contset paternity

Please stop, go back, reread my post and take the time to comprehend it.

You signed a voluntary paternity acknowledgement. It said on that acknowledgement that you agreed to waive your right to a paternity test. Yes, people are typically allowed to contest paternity but not when they waive that right.

Going back now, I see that you "reopened" your case and say you are contesting paternity. What motion did you file exactly to get the case reopened?

So you are basically telling me that its pointless to further my efforts

This is sum of the letter I wrote the judge:


I’m asking that you please grant me the court ordered DNA test. I’m also asking to reopen my (08FA298) case and dismiss it pending the results from the DNA test, and to put a hold on child support payments until the results are obtained. If you could please call me and let me know if this is possible my number is listed below.


I have the whole letter if you guys all want to read it I can copy and paste it

Do you have that much money that you don't need for anything else? Like keeping your support payments current? If you don't need the money then go ahead with the case but because you signed that paper it isn't likely that continuing will get you the results that you are looking for. If you still want to keep going with it I would also recommend bringing a lawyer with you to help tell the judge why they should ignore the fact that you already waived your rights.

The judge has already overseen the fact I signed it

This is what I found over the internet regarding this issue where you live.
CFFPP: Legal Assistance - Wisconsin Question and Answer Handbook for Noncustodial Parents (http://www.cffpp.org/legal/wi_dane_en.html#paternity5)

If the courts are telling you that you have to pay a fee than and you don't have it, can you borrow it from family? You need to get the ball rolling before you get stuck for life for paying for a child that might not be yours.

That's why he granted me the gal

This is turning into a joke. A judge doesn't have the authority to reopen your case; you need to file a motion with the family court. Simply writing a letter doesn't reopen your case.

I don't think that you're 100% positive what you signed, what you filed, or what's going on.

If it has been less than the 60 days then come up with the money and get the test done. But yes, you do have to pay that much for the court ordered one you can't just go get one at the CVS.

I telling you the truth believe me or not your choice but this is what has happened so help me or not your choice but I wouldn't be on here if I didn't need the advice

And I signed a voluntary paternity acknlowledgement at the hospitol

And I have had t2 court appearances

Ok so how old is the child? At this point it seems like that will be the fine line waiting to be crossed.

And this was the outcome

He will be 1 on nov 3rd

Oh, I believe you need advice all right. But what you're posting and claiming to be truth is in direct violation of the law. A judge cannot just reopen your case because you wrote him/her a nice letter. A judge cannot just grant you a DNA test because you decided a year later that the baby wasn't yours. This is from the link that liz posted:
If after this 60-day period expires you decide that you no longer believe that you are the childs father, you will have to go to court and prove that you signed the document under conditions of fraud (someone lied to you), duress (you were forced to sign), or mistake of fact (you thought one thing and another thing is true).
Would you mind sharing which county this is in?

It was in sheboygan,WI and after I mailed in the letter the judge set a court date and reopened the case ans ordered that I had to pay $750 for gal after I paid the fee then a gal would be appointed and then the gal would determine if it was in the best interests of the child to order a dna test this was what I was told in court

This is off my ccap file for child support:

What is RSS?
Date Event Court Official Court Reporter
1 10-29-2008 Order revising judgment Bourke, Terence DeRuyter, Judy
Additional Text:
From the 10-6-08 hearing. Cak


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2 10-06-2008 Motion hearing Bourke, Terence DeRuyter, Judy
Additional Text:
Minutes
Court reopens matter per request from Mr Schenk. Court appoints gal. CSA to prepare order. Mlm-cak


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3 09-29-2008 Notice of hearing
Additional Text:
Motion hearing on October 6, 2008 at 02:00 pm.


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4 09-11-2008 Order for support Bourke, Terence DeRuyter, Judy
Additional Text:
From the 8-8-08 hearing.


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5 08-11-2008 Other papers
Additional Text:
Interim Financial Summary to Child Support Agency. Cak


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6 08-08-2008 Motion hearing Bourke, Terence DeRuyter, Judy
Additional Text:
Minutes
Cb-cak

This is what was ordered and proves I am not imagining this situation

So there you go. Pay the $750 and hope the GAL thinks a DNA test is appropriate. If s/he doesn't, then you just wasted $750.

Why didn't you fight this back in June when the case was filed?

Yes, Josh; I know how to use CCAP.

I did fight this in June when the support was ordered and the judge told me I had to file a separate motion

So why didn't you?

I did and this is where I'm at


It took this long for the judge to respond to my letter

Had you filed a separate motion in June, then you wouldn't have to file again in October.

So as I said, those are your options: pay the GAL fee and hope that they think it's in the child's best interest to do a paternity test.

OK thank you for the advice

I was trying to figure what gal was. At first I thought it was the DNA lab. Then I thought it was some girl the judge recommended. But finally I realized it must be a Guardian Ad Liteum. And the judge is saying that you have to pay this person to review your case and decide whether it warrants overturning the Voluntary Paternity Acknowledgment.

Like This8384, I'm perplexed as to why the judge is granting this. As the link Liz gave you points out, the only way to get it overturned is prove that you signed it under duress or through fraud.

So, basically, the judge requires that you pay a GAL to review the case and determine whether duress or fraud existed. If you think they will find that was the case, then pay the $750. If you don't think you can, save your money.

You might want to take one of those home tests, if you have any doubt that you are the father. It would be upsetting if you got the GAL to authorize a test and it turned up positive.

Do you have an attorney? Because I really think you need one. Think of it this way, if you drop the fight, you will be paying child support for the next 18 years. Probably a lot more than it would cost you to fight it.

In California (and this is only an example, your state may have a different approach to this) you have 2 years from the date of birth of the child to take action to set aside the voluntary declaration of paternity ("pop-dec") or, if more than two years have past, up to 6 months from the date a custody or support order was entered. So it might be too late to do anything depending on these facts.

If you are within the time limits allowed to challenge a pop-dec you can seek genetic testing but even if you are not bio-dad the court may still deny a request to find that you are not the legal father if you've established yourself in the child's mind as his/her dad. That's typically how it works.