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If you are on the birth certificate as the father of the child and the mother later wants a DNA test because she say's you are not the father. Do you have to take the DNA test? Or can you refuse to take it because you have been the child father for 6 years and the only father they know.pluse already being on the birth certificate of the child.
It depends on the state. It is possible in Ga but it is not possible in Ca.
I need more information.
As GV70 already stated, state laws vary on a parent's right to contest paternity.Quote:
Originally Posted by jenneematthews
Can I ask why the mother is suddenly claiming that he is not the father? Did she not realize six years ago that she had sex with more than one person? Was she lying to the man who is listed as the father?
Since this person is on the birth certificate already then it's a matter of being challenged to get the dna test done. Some states have a time limit for challenge and others do not but the mother isn't the party that can challenge it. It has to be a third party.
You do not have to take a test just on the mother's say so. But you would have to submit if a court orders a test. A court will only order a test if another, possible, father challenges your paternity and that challenge meets the requirements of the laws of your area.
If the mother merely wants you to, no you don't have to. If the mother gets a court order for a DNA test you have to obey the court order no matter what state you are in. Or at least hire an attorney and fight taking the test, you just can't ignore the court order
Let the other possible father go first and see what the results are.
We live in Oregon and the parents are currently going to court for child support which the is already in place and has been since the child was born and the father has been paying. But the mother wants more money. They were not married when the child was born. The mother has not yet asked for a DNA test but I am afraid that if she dose that the father will have to take one and it is something he dose not want to do if asked to. She had been cheating on the father of the child around the time the child was concived so as of now there is no other father of the child that we know of but it is possible that there is. If she doesn't win in court she will try to hurt the father in anyway she can at no cost. The father in now married and she has also asked for personal information (phone bills,bank statement, anything she own's etc.. ) about the wife of the father in an attempt to get more money from them. I am trying to gain as much info to help the father.
Oregon Revised Statutes
Title 11 Domestic Relations
Chapter 109 — Parent and Child Rights and Relationships
And
Title 34, Chapter 416, 416.430 – Genetic testing results
4)(a) A party to a voluntary acknowledgment of paternity may rescind the acknowledgment within the earlier of:
(A) Sixty days after filing the acknowledgment; or
(B) The date of a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment is also a party. For the purposes of this paragraphsubparagraph, the date of a proceeding is the date on which an order is entered in the proceeding.
(b) To rescind the acknowledgment, the party shall sign and file with the State Registrar of the Center for Health Statistics a written document declaring the rescission.
(5)(a) A signed voluntary acknowledgment of paternity filed in this state may be challenged and set aside in circuit court:
At any time after the 60-day period referred to in subsection (4) of this section on the basis of fraud, duress or a material mistake of fact.
(b) The challenge may be brought by:
(A) A party to the acknowledgment;
(B) The child named in the acknowledgment; or
(C) The Department of Human Services or the administrator, as defined in ORS 25.010, if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B and the department or the administrator reasonably believes that the acknowledgment was signed because of fraud, duress or a material mistake of fact.
(c) The challenge shall be initiated by filing a petition with the circuit court. Unless otherwise specifically provided by law, the challenge shall be conducted pursuant to the Oregon Rules of Civil Procedure.
(d) The party bringing the challenge has the burden of proof.
In conjunction with or in lieu of a state statute, he may also use the equitable doctrines of res judicata and collateral estoppel to determine whether a particular disestablishment action should proceed.
Challenges/motions to set aside in court After the 60-day rescission period has expired, a challenge to a voluntary acknowledgment on the basis of fraud, duress, or material mistake of
Fact may be filed by a party to the acknowledgment, the child, or DHS if the child is in DHS
Custody pursuant to ORS chapter 419B. ORS 109.070(5), This section was amended to specify
That a challenge is initiated by a petition filed in circuit court. The challenger bears the burden of proof by a preponderance of the evidence, and the rules of civil procedure apply. The amendment /2007/also gives the judge discretion about whether to set aside the voluntary acknowledgment even if the alleged misconduct is proven. ORS 109.070(5)(f) provides, “the
Court shall set aide the acknowledgment unless, giving consideration to the interests of the parties and the child, the court finds that setting aside the acknowledgment would be substantially inequitable.”
There are two common scenarios in Oregon in those cases :
First scenario- some judges assume that a voluntary acknowledgment that is signed by a man who is not the child’s biological father is void.
Those who take this view also argue that for purposes of challenges to voluntary acknowledgments under ORS 109.070(5), proof that the man is not the biological father is sufficient to prove that the acknowledgment was signed “mistakenly” or even “fraudulently.”
If a court finds that a voluntary acknowledgment names a man not the biological father and was procured by fraud, duress or material mistake of fact, the court “shall set aside the acknowledgment unless, giving consideration to the interests of the parties and the child, the court finds that setting aside the acknowledgment would be substantially inequitable.” ORS 109.070(5)(f).
Second scenario-some judges assume that PA is similar to paternity judgment and thus “In a suit to set aside a judgment of paternity, the judge must “consider the interests of the parties and the child and, if it is just and equitable to do so,” may deny a request for blood tests. HB 2382 § 9(6).
She may want whatever…There are child support guidelines .Quote:
Originally Posted by jenneematthews
Quote:
Originally Posted by jenneematthews
https://justice.oregon.gov/guidelines/
She does not have right to ask for his spouse's personal information.
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