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    sudsy120's Avatar
    sudsy120 Posts: 4, Reputation: 2
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    #1

    Jun 28, 2010, 12:53 PM
    Home paternity test with joint custody
    Ok... quick question... I have a 10 1/2 year old daughter who has just informed that her father (whom I share joint legal custody with) performed a home DNA/Paternity test on her... my question is.. is that legal? With joint legal custody, are we not supposed to discuss medical decisions related to our daughter prior to performing them?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 28, 2010, 01:03 PM

    Home DNA kits are NOT approved by the Courts; DNA has to be performed in a Court-approved facility.

    Testing his child for paternity purposes and ADVISING her that he is concerned whether he is her father is mental cruelty. That alone in NY could get his visitation suspended.

    I'd be less concerned about the test and more concerned about him approaching this issue with your daughter.

    Quite frankly, I am shocked and believe the Courts will be so, also.
    sudsy120's Avatar
    sudsy120 Posts: 4, Reputation: 2
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    #3

    Jun 28, 2010, 06:39 PM

    That is my whole point... I could care less about the test and/or the results, I know the answer and so does he... he just wants out of 12,000 in back child support.

    My concern lies with giving my10 1/2 year old a paternity test without even discussing it with me first. I would have said absolutley not because she is old enough now to know what is going on... I just wondered if there was anything I can do about it?

    Thanks
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 28, 2010, 07:18 PM

    So take her back to court for doing it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 29, 2010, 05:57 AM

    As I said above, testing alone could get his visitation suspended. In order to do that you need to go back to Court and express your dismay.
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