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ddanrach · Feb 26, 2009, 06:43 PM

I had a one night stand 16 years ago. Three years after the event I was hit with a child support order. Our love match was in July and the twins born in February at a great weight of over 6lbs each. Ten years after their birth, I meet the little darlings and was introduced as their father. Just two years ago the mother ask me to be active in the children lives and I begin to travel over several states to see them as much as possible. In May of 2008 at the request of the mother I sign the birth certificate and the affidavit as their father after 16 years. Is it too late to get a DNA test. The mother do not want me to, so can I take my son (we get alone well) and have the test done without the mother's permission? They live with the mother. What rights do I have if any. I pay child support but have no visitation rights except when she lets me come by for a little rump around with her. I just want to know if these are my kids.

ScottGem · Feb 26, 2009, 06:46 PM

You can take a home DNA test. But it will not be admissible in court.

Why did you not ask for a paternity test when she first filed for child support? Why didn't the court order one? Why didn't you ask for visitation?

Fr_Chuck · Feb 26, 2009, 06:56 PM

You could have filed for visits though the court years ago, why don't you do that

ddanrach · Feb 26, 2009, 07:58 PM

At the time when first served, I was deployed over seas in the military. I filled out a form with DFCS requesting a determination of Paternity but was told once the Affidavit was signed they could not process a request to the courts on my behalf. I thought that once I signed the birth certificate (for the sake of the children self esteem) and filed the affidavit, I received the same rights as the mother. I just finished a hearing in court with the mother for increase child support. The hearing officer would not hear any issue but how much we made in salary. Would I be breaking the law, if when my son and I are together again, just getting a DNA test - just for my knowledge.

ddanrach · Feb 26, 2009, 07:59 PM

O yes, I could get an attorney at the fee of $3500. Too much right now.

ScottGem · Feb 27, 2009, 07:48 AM

If you have Joint legal custody you can do the test, if not, then you may get in trouble.

Lady Drace · Feb 27, 2009, 08:57 AM

If she filed for support there is a way for you to get a DNA test. The courts generally do not allow it ,but if you can give a sufficient reason such as I did not know that at the time I thought they were mine and now I have found out they may not be. Then give a reason for why they may not be. I went through this with my ex. I was with him for three years helping to take care of his handicapped brother. He and I both knew my son was his ,but he decided he no longer wanted to pay child support ,s o he went into court claiming that two of his friend stold him that my son could alsdo , be theirs. The judge asked me if I had a reason not to have a paternity test I said no. And the court ordered the parternity test and took the payment out of his wages, with the understanding that if he was not the father I had yto pay him back. The test came back positive, but he refused to pay for the results to mailed to him, so even though I have proff he is the father he still claims my son is not his. But as I have said there are ways. A hospital will also, do DNa testing if there are certain medical problems in the parents history. These are admissible in court.

cdad · Feb 27, 2009, 07:21 PM

Originally Posted by Lady Drace

if she filed for support there is a way for you to get a DNA test. The courts generally do not allow it ,but if you can give a sufficient reason such as I did not know that at the time I thought they were mine and now I have found out they may not be. Then give a reason for why they may not be. I went through this with my ex. I was with him for three years helping to take care of his handicapped brother. He and I both knew my son was his ,but he decided he no longer wnated to pay child support ,s o he went into court claiming that two of his friend stold him that my son could alsdo , be theirs. tThe judge asked me if I had a reason not to have a paternity test I said no. And the court ordered the parternity test and took the payment out of his wages, with the understanding that if he was not the father I had yto pay him back. The test came back positive, but he refused to pay for the results to mailed to him, so even though I have proff he is the father he still claims my son is not his. But as I have said there are ways. A hospital will also, do DNa testing if there are certain medical problems in the parents history. These are admissable in court.

This doesn't sound right but there is a lot missing here. Under most circumstances uness there is outright fraud occurring so long as there is a legal father that is paying support and then there is a challenge.. they would or should only ask for the support to be given back from the filing date. Were you married to this person ?