Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   How do I get a court order to demand dna testing from my exwife? (https://www.askmehelpdesk.com/showthread.php?t=235745)

  • Jul 9, 2008, 06:36 PM
    FARMERD
    How do I get a court order to demand dna testing from my exwife?
    Hey,

    I have 2 teenage daughters who live in Maryland with their mother, my ex-wife. They are 17 and 15. I have always paid child support on them. It has now come to light that I may not be the father of either of them!! My ex-wife does not want me to have anything to do with them, always intercepting phone calls and mail, not to mention the girls are under the impression that I do not pay child support. I would like to order her to have a DNA test on both of the girls so I know if they are mine or not. I am not seeking to get the money back that I paid in child support. What's done is done. I just want to know if I am the father. When we got divorced over 14 yrs ago in MD, no paternity test was given since we were married it is assumed I am the father. My ex-wife has been to court 2 other times in the past 7 yrs over paternity of her other 2 children because she tried to get support from the wrong fathers. I just want a judge to court order her to a paternity test on my two girls so I know the truth. I live out of state now in Wyoming, they are in Maryland. Any suggestions on how to go about it?
    Thanks-farmerd
  • Jul 9, 2008, 07:02 PM
    Fr_Chuck
    Maryland should allow you to challenge paternity up to age 18 of the child. You would have to basically file a challenge to paternity in family court and request a DNA test.

    Best to talk to an attorney, there is some common law issues such as did you have a reason to beleve they were not yours back when they were born and if so why you did not object at that point. But in general they will follow with the DNA test.
  • Jul 10, 2008, 06:43 AM
    JuJuFruit
    I don't think 14 years later is the time to request DNA. Nor do I think since it has been that long, that a judge will actually grant that request.

    Also, why haven't you broguht your Ex -wife to court and filed for visitation? As there father, since you are legally their dad, you have the right to see them. Weither mom wants you to or not.

    And once you have visitation, you can order one of those DNA tests of the internet, and get the answers you are seeking.

    It won't hold up in court, but you will know.
  • Jul 10, 2008, 07:04 AM
    ScottGem
    In most states the husband is considered the legal father, especially if he signs the birth certificate. While a challenge may be mounted, there is a time limit and that time limit has passed. What this means is that even if you can be granted a peternity test and it shows you aren't the bio father that would not change your status as the legal father and therefore your obligation to pay support.

    So, it will make no difference whether you are their bio father or not. Therefore there is little point in opening this can of worms. And a judge may not grant the test.
  • Jul 10, 2008, 02:43 PM
    cdad
    What if any orders do you have from the court for visitation and also what solid proof do you have that things you say are going on actually are ?

    Those answers may lead to advice that will achieve your goal. Also you are only trying to prove you're the dad you don't really need her DNA just the children's.
  • Jun 18, 2010, 06:28 AM
    lesego384
    How can I get the court to force my ex-boyfriend to go pertenity test for my son?

  • All times are GMT -7. The time now is 08:38 AM.