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protoblue · Sep 4, 2008, 08:31 AM

Is there a certain age, of the child, where you can no longer get a paternity test done for the courts to prove who the real father of the child is?

JudyKayTee · Sep 4, 2008, 08:42 AM

Originally Posted by protoblue

Is there a certain age, of the child, where you can no longer get a paternity test done for the courts to prove who the real father of the child is?

A lot depends on WHY the test is being done - someone on another board just requested (and the request was granted) and she's 21, I believe, and was concerned about inherited health issues. It was not a support issue.

protoblue · Sep 4, 2008, 08:44 AM

Originally Posted by JudyKayTee

A lot depends on WHY the test is being done - someone on another board just requested (and the request was granted) and she's 21, I believe, and was concerned about inherited health issues. It was not a support issue.

The test is being done because they're getting a divorce, and she knows its my kid and not his, so we just want to prove that the baby's mine so we don't have to deal with him anymore, cause he's being a real pain in the butt.

So its to change it on a Birth Certificate, and to get his custody rights revoked, ideally.

StaticFX · Sep 4, 2008, 08:46 AM

As far as the technical side... even dead, you can prove people are related. As far as the courts.. I would have to say. no. no age limit. Why would there be?

Id have to say in your case, I bet the would allow it. And really... they wouldn't even need to test him. Just you, the should say that you are the father.

protoblue · Sep 4, 2008, 08:57 AM

Originally Posted by StaticFX

no age limit. why would there be?

The question comes up because he pulled it from out of nowhere that an 8 week old baby would be too old for court ordered paternity testing. Reason I asked here is cause I found that a load of bull, and wanted proof other than him claiming to have 'found it online' and not actually showing either of us anything.

StaticFX · Sep 4, 2008, 09:12 AM

LMAO!! An 8 week old is too old!? That's funny!

protoblue · Sep 4, 2008, 09:13 AM

Originally Posted by StaticFX

LMAO!!! an 8 week old is too old!??? thats funny!

Exactly my confusion on the whole thing lol

isabelle · Sep 4, 2008, 09:14 AM

Originally Posted by protoblue

The question comes up because he pulled it from out of nowhere that an 8 week old baby would be too old for court ordered paternity testing. Reason I asked here is cause I found that a load of bull, and wanted proof other than him claiming to have 'found it online' and not actually showing either of us anything.

Sounds like he just wants to be a nuisance, to your happiness.
Did I understand it right that the non-fathers name is on baby's birth certificate?

protoblue · Sep 4, 2008, 09:18 AM

Originally Posted by isabelle

Did I understand it right that the non-fathers name is on baby's birth certificate?

Yes, we're trying to move out of the house and out of state, but want to be sure there's nothing he can do about custody of the baby first, because she's the most important thing in the world to us.

And the next question would be, could he do anything if we just moved before getting the paternity test? Once again he's claiming he'll say we kidnapped her and stole the car (the one he bought for her, with both their names on it) and we don't want to deal with all that crap.

isabelle · Sep 5, 2008, 07:17 AM

You will have to get the birth certificate changed. I don't know about the kidnapping charge, without a court order saying that you cannot leave the state.
Just to be on the safe side, get everything changed and legal.
I think he is just trying to be a pain. If he knows he is not the dad then he knows that he is going to lose, but sounds as if he will cause as much trouble as he can.

JudyKayTee · Sep 5, 2008, 07:31 AM

Originally Posted by protoblue

The test is being done because they're getting a divorce, and she knows its my kid and not his, so we just want to prove that the baby's mine so we don't have to deal with him anymore, cause he's being a real pain in the butt.

So its to change it on a Birth Certificate, and to get his custody rights revoked, ideally.

Then the mother has to go to Court and ask for custody and support and request a DNA testing. With any luck the "father" will ask for the test.

It's going to be tricky if they were married when the child was born because he is the assumed legal father.

If the divorce has already started, it will be covered as part of that proceeding.

Once paternity is established then, according to your State's laws, you can change the other legal papers and he will have no custody/visitation rights.

JudyKayTee · Sep 5, 2008, 07:32 AM

Originally Posted by protoblue

The question comes up because he pulled it from out of nowhere that an 8 week old baby would be too old for court ordered paternity testing. Reason I asked here is cause I found that a load of bull, and wanted proof other than him claiming to have 'found it online' and not actually showing either of us anything.

I absolutely hate the "a friend told me, I found it on line" answers with no source. As I said - someone else at 19 (she's the "child") has just received an order for paternity testing.

JudyKayTee · Sep 5, 2008, 07:34 AM

Originally Posted by protoblue

Yes, we're trying to move out of the house and out of state, but want to be sure there's nothing he can do about custody of the baby first, because she's the most important thing in the world to us.

And the next question would be, could he do anything if we just went ahead and moved before getting the paternity test? Once again he's claiming he'll say we kidnapped her and stole the car (the one he bought for her, with both their names on it) and we don't want to deal with all that crap.

She can't leave during a divorce action. If you do just go it is not going to look good in Court.

You are not kidnapping the child - there are lots of questions on this subject - but you certainly can't take a car when he is the part owner.