[billcapo7576]

If my son father already took a paternity test in Georgia can I legally request for him to take another paternity test here in Georgia? If so how do I do it?

[JudyKayTee]

Ws the first test Court ordered?

A second test is pointless if the first was Court ordered as the case is simply transferred from State to State.

- or am I missing something here?

[billcapo7576]

Yes the first test was court ordered and it is in the same state which is Georgia

[JudyKayTee]

Then I do not see the Court ordering a second DNA.

Out of curiosity - why?

[billcapo7576]

The paternity test from my sons father came back negative I was shocked I know he is the father I looked at all of the markings on the DNA test and just about all of my markings match up with my sons father and zero match up between him and my son I know it was a mix up I don't know how it happened but my son paternity swab some how got mixed up with mine I know he is the father of my son

[JudyKayTee]

If you are willing to swear an Affidavit that you did not have sex with any other person - I'm trying to think but in NY I think it's within 30 days of the Doctor's estimated date of conception - you can apply for a second DNA test. There's something on the application (in NY) about you committing fraud if the test comes back with him not the father the second time.

I am aware of one test where the swabs were mixed up - it was a big scandal and unless the Lab was very careless I don't see it happening. I also believe anything can happen.

Sure, petition for another test and let us know how it turns out. If the second test says he's the father you have an action against the lab for any money you have spent or lost (in support).

[billcapo7576]

I am in the state of Georgia how do I petition my son is 3yrs old the test was just done on June 28, 2010

[billcapo7576]

I do appreciate all of your help!

[billcapo7576]

If you are willing to swear an Affidavit that you did not have sex with any other person - I'm trying to think but in NY I think it's within 30 days of the Doctor's estimated date of conception - you can apply for a second DNA test. There's something on the application (in NY) about you committing fraud if the test comes back with him not the father the second time.

I am aware of one test where the swabs were mixed up - it was a big scandal and unless the Lab was very careless I don't see it happening. I also believe anything can happen.

Sure, petition for another test and let us know how it turns out. If the second test says he's the father you have an action against the lab for any money you have spent or lost (in support).

... I am in the state of Georgia how do I petition my son is 3yrs old the test was just done on June 28, 2010

[ScottGem]

You go back to Family Court and submit a petition for a second test. I'm curious as to why the test was done in the first place. You might consider doing a home test. While it won't be accepted as conclusive, it might give the court enough to order a new test.

[billcapo7576]

You go back to Family Court and submit a petition for a second test. I'm curious as to why the test was done in the first place. You might consider doing a home test. While it won't be accepted as conclusive, it might give the court enough to order a new test.

It was a court ordered test I was trying to receive child support for my son. The father will not agree to home test he does not talk to me at all.

[billcapo7576]

It was a court ordered test I was trying to receive child support for my son. The father will not agree to home test he does not talk to me at all.

Thank you for the information.

[Fr_Chuck]

Is there any chance that there could be another father, was there anyone during that time you had sex with ?

If so have you had them tested also ?

I see you said that he is the one, but did not hear you say there was no chance he could not be.

The DNA labs seldom make mistakes, you can ask for another test but will most likely have to pay for it.

[cdad]

The reasoning behind a court ordered DNA test is to provide proof and certification of all parties involved. It can happen but it is unlikely. Also be prepared to pay any expenses to get it done including his expenses to fight it. This is an unusual situation.

[billcapo7576]

Is there any chance that there could be another father, was there anyone during that time you had sex with ?

If so have you had them tested also ?

I see you said that he is the one, but did not hear you say there was no chance he could not be.

The DNA labs seldom make mistakes, you can ask for another test but will most likely have to pay for it.

There is no chance that he is not the father Unless somebody knocked me over the head . I know these centers are hardley ever wrong so you can imagine what type of mental stress this has and is putting me through I am going crazy so I have to resolve this ASAP I know it sounds crazy I even think it sounds crazy at this point I no longer care about the child support I just need this corrected I have went through every possible situation I can think of how this could have happen and the only one I can come up with is human error

[GV70]

If my son father already took a paternity test in Georgia can I legally request for him to take another paternity test here in Georgia? If so how do I do it?Yes the first test was court ordered and it is in the same state which is Georgia

No,the RES JUDICATA has to be applied.
RES JUDICATA-Lat. "the thing has been decided" The principle that a final judgement of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action.

The general rule is that a plaintiff who has prosecuted one action against a defendant and obtained a valid final judgment is barred by res judicata from prosecuting another action against the same defendant where (a) the claim in the second action is one which is based on the same factual transaction that was at issue in the first; (b) the plaintiff seeks a remedy additional or alternative to the one sought earlier; and (c) the claim is of such a nature as could have been joined in the first action. Underlying this standard is the need to strike a delicate balance between the interests of the defendant and of the courts in bringing litigation to a close and the interest of the plaintiff in the vindication of a just claim.

There is no chance that he is not the father Unless somebody knocked me over the head

Yup! Every year more than 60 000 women swear under oath that they have never had any other sexual intercourses except with the men they named... but with no success.;)
I love watching Maury's show.:D
http://www.youtube.com/watch?v=z3rskbp3zao

[ScottGem]

Re Res Judicata. The issue hear is whether a judgment has been handed down or not. If it hasn't you can appeal to the court to retake the test. The court doesn't have to grant it however. If a judgment has been handed down you can appeal that judgment. To do so, you would probably have to pay for your own test (and get the father to agree) to show the court new evidence in which to reopen the case. What Res Juidicata prevents you from doing is filing a new case.