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    hunter29's Avatar
    hunter29 Posts: 3, Reputation: 1
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    #1

    Sep 18, 2010, 02:33 PM
    I have a court order for a dna test and the mom is trying to stop it from happing is
    I have a court order for a dna test and the mom is trying to stop it from happing is there any way she can stop it from happing
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 18, 2010, 02:40 PM

    Not really, unless she gets the court order over turned.

    If she refuses to bring the child, go back to court to hold her in contempt till she provides the child for the test
    hunter29's Avatar
    hunter29 Posts: 3, Reputation: 1
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    #3

    Sep 18, 2010, 03:09 PM
    Quote Originally Posted by Fr_Chuck View Post
    not really, unless she gets the court order over turned.

    If she refuses to bring the child, go back to court to hold her in contempt till she provides the child for the test
    How can she get it over turned
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Sep 18, 2010, 04:23 PM

    By going to court and proving you aren't the father. Or acknowledging you are.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Sep 18, 2010, 06:37 PM

    Or that the motion you made was improperly filed, or the legal service was improper, that is why attorneys make 300 dollars a hour ( well some of them) or 100 dollars a hour for others,

    They can drag things out, find ways to stall, try to out lawyer the other side.
    Court and law is not really about "right and wrong" as much as following the written law with evidence that is submitted according to the rules of the court.
    The courts do not do the "right" thing they do the "legal" thing
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Sep 19, 2010, 05:59 AM

    - And this is why in my State (NY) and some others child support starts when the paternity action is filed IF the person tested IS the father. Keeps the mother from dragging her feet and the father (if he refuses) is held in contempt.
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