My children were born in Texas, we got court ordered child support through the Texas courts, then my ex- moved to Nebraska and is now telling me that one of my children isn't mine, How do I a court ordered dna test? Will I have to go to Nebraska? Or will she have to come here

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Originally Posted by maryklee

How do I a court ordered dna test? Will I have to go to Nebraska? or will she have to come here

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Hello mary:

It took me a minute to figure out what you're saying. Tell me if I'm correct. When you say "you got court ordered child support", I gather that you were ordered to pay child support. Now, your ex is telling you that one of your children isn't yours.

If that's right, you need to go back to court to challenge the child support order. The easiest way is to hire a lawyer. If you can't do that, do it yourself. The family court will listen. Write a letter to the family court telling them exactly what you told us here. Ask the judge to consider your letter a motion. That should get you a hearing.

A test can be conducted with her there and you in Texas.

excon

Not sure if this is correct but is your ex getting the child support directly from you (you send her a check) or does she get it from the state of Texas (you send payment to them, they forward funds)? This matters in determining which state has jurisdiction. If you send the money directly to her you have to ask for paternity test, changes in child support, visitation, etc through the county that the initial order was from. If it's through the state of TX then you can contact child support enforcement and request a paternity test. I'm guessing that you were married so your name was placed on birth certificate by default. If not... then you may have a stronger case. If your name was placed at the time of birth and the child is several years old... most cases make the "father" of record continue to pay support. The belief is that you should have requested paternity test sooner. This is how you see so many men paying for a child they later claim is not theirs. Ultimately, if you truly believe the child is not yours and your adamant that you not be held responsible you should get an attorney. If nothing else, get a free consultation from a local attorney who could give you a better prognosis. Good luck. Cathy

In the past, my ex and I had court ordered custody agreement in one state, after her and I both moved, we still had to go back to that court for all of our motions to change it.

So you will need to start in TX. ( but getting an attorney is the best way to go)

I think what's confusing here is you are using a very feminine screen name, yet you seem to be the father in this case.

My question is what was the purpose of your ex-wife telling you one of the kids isn't yours. If she will testify to that and you want to renounce the kid, depending on its age, you may be able to do so without a paternity test. Or, a paternity test might not change responsibility for the child even if you aren't the bio father.

So we really need more info and clarification here.