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confusssed · Jan 27, 2008, 10:55 PM

I found out 2 years ago that I might have a child in a different state then I am in. I did not get DNA tested because I did not have the money. I have been paying child support since then and now I have more money and can afford the DNA test. I went to a Lawyer last week and he advised me that we can go to court and more then likely the judge will deny the DNA test. Because I have been paying child support for the last 2 years. He said that we can still go to court but I am not sure if I should shell out the $2000 just to get denied by the judge. I do not know where she or the child lives, so I did not know if I could still buy a test and have the courts make her take one. Or if I should go though the courts to see if I can take the test. Also if I get denied buy the courts I wanted to know what my other options are.

Dana2007 · Jan 27, 2008, 11:47 PM

I think it's time for men to get together and fight this sort of issue.

I found one organization that claims to do that, but I don't know who you can trust.

Maybe someone else here will have more help for you.

Innocent Dads, Guilty until Proven Innocent! iDads, falsely accused fathers and their legal issues!

Dana2007 · Jan 27, 2008, 11:52 PM

Here is a couple more links that might be of some help.

GlennSacks.com

GlennSacks.com

GV70 · Jan 27, 2008, 11:56 PM

It depends on where you live... Some states/ Georgia,Ohio... /allows DNA tests any time.Other states have time limit./2 years -California,Tennessee... /.If you give us some more information we will answer you correctly.

JudyKayTee · Jan 28, 2008, 10:55 AM

Originally Posted by confusssed

I found out 2 years ago that I might have a child in a different state then I am in. I did not get DNA tested because I did not have the money. I have been paying child support since then and now I have more money and can afford the DNA test. I went to a Lawyer last week and he advised me that we can go to court and more then likely the judge will deny the DNA test. Because I have been paying child support for the last 2 years. He said that we can still go to court but I am not sure if I should shell out the $2000 just to get denied by the judge. I do not know where she or the child lives, so I did not know if I could still buy a test and have the courts make her take one. Or if I should go though the courts to see if I can take the test. Also if I get denied buy the courts I wanted to know what my other options are.

My experience has been that your Attorney is familiar with your State laws and knows what he/she is talking about.

I don't think anyone can tell you what to do - do you gamble $2,000 that it's not your child and end the support or do you just keeping paying.

And as far as other options - I don't see any. And, no, you can't just "buy a DNA test kit" (if that is what you mean), take it and then force her to take one. The Court will order testing.

Dana2007 · Jan 28, 2008, 12:12 PM

The only other option is to challenge the laws in your state and that could entail a lot of money and energy? Contact an organization who is working on changing the laws. I think the men need to get together and pass a law that mandates that all babies get DNA tested before they leave the hospital.

Dana2007 · Jan 28, 2008, 12:12 PM

Wouldn't it be great if you could get your money back that you have paid out in child support if it turned out that you are not the father?

JudyKayTee · Jan 28, 2008, 12:21 PM

Originally Posted by Dana2007

The only other option is to challenge the laws in your state and that could entail a lot of money and energy? Contact an organization who is working on changing the laws. I think the men need to get together and pass a law that mandates that all babies get DNA tested before they leave the hospital.

Little late for that in this case - no such law would be retroactive.

Potential fathers can always require DNA testing before they consent to paying support (or, really, any time support and/or visitation go to Court) so I don't know that such a law would be helpful. Of course, then there's the whole "who is going to pay for this; who is going to enforce it; who is going to maintain the records" issue. You would almost need a Child Support Unit at the hospital to do so.

As far as father's rights - yes, I'm a female and I see inequities in the system but I don't think this is the answer.

I have no idea but this is not the first thread in which a potential father did not request DNA because of the expense. How expensive is it - I truly don't know.

Dana2007 · Jan 28, 2008, 12:25 PM

All laws can be challenged. Even the law that says it is not retroactive can be challenged after all it's just another law.

Dana2007 · Jan 28, 2008, 12:28 PM

I hope that you also look into passing laws against women who knowling falsely accuse men of fatherhood that could lead to jail time.

GV70 · Jan 28, 2008, 12:42 PM

Originally Posted by JudyKayTee

I have no idea but this is not the first thread in which a potential father did not request DNA because of the expense. How expensive is it - I truly don't know.

$200:D

JudyKayTee · Jan 28, 2008, 01:11 PM

Originally Posted by GV70

$200:D

So father's pay support for years rather than pay $200 for DNA testing? Hmmm -

JudyKayTee · Jan 28, 2008, 01:25 PM

Originally Posted by Dana2007

Wouldn't it be great if you could get your money back that you have paid out in child support if it turned out that you are not the father?

He was offered a DNA test and did not take it (for financial reasons, apparently) and I would think even if paternity is established he is not going to have his support money returned to him - that's how it works at least in NYS. I believe the Court feels if the father had not admitted paternity, then the mother would have looked elsewhere for support but the child still would have been supported.

In some States I do not believe you can question paternity after you have admitted to it and paid support money.

I think forcing the mother to return the money is unfair to the child - I would "assume" the mother used it for the child's living expenses and, as I said, she could have looked to someone else to pay.

GV70 · Jan 28, 2008, 01:25 PM

The biggest problem is not the DNA tests price but the court system.You may have DNA tests excluding you as a father but for judges it is not admissible if it was made without court order.

JudyKayTee · Jan 28, 2008, 01:27 PM

Originally Posted by Dana2007

All laws can be challenged. Even the law that says it is not retroactive can be challenged afterall it's just another law.

And how would you go about challenging this law?

cdad · Jan 28, 2008, 02:20 PM

Looks like its more then $200 and if you include court costs it might run $2000.
Court Admissible DNA Testing
That site is an example and they quote $450 plus $25 per person, then figure in the cost of a hearing and serving papers for court orders.. could run into $2000.

And I also don't believe that the courts would give back the money if you already paid it.

JudyKayTee · Jan 28, 2008, 02:27 PM

Originally Posted by GV70

The biggest problem is not the DNA tests price but the court system.You may have DNA tests excluding you as a father but for judges it is not admissible if it was made without court order.

Right and they often only use certain "certified" labs - I just don't know the cost.

As far as I know there is no provision if the mother accuses someone, that person is DNA tested and is NOT the father, for that DNA test money to be refunded to the no longer father.

GV70 · Jan 28, 2008, 02:43 PM

Originally Posted by califdadof3

Looks like its more then $200 and if you include court costs it might run $2000.
Court Admissible DNA Testing
That site is an example and they quote $450 plus $25 per person, then figure in the cost of a hearing and serving papers for court orders .. could run into $2000.

And I also dont believe that the courts would give back the money if you already paid it.

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Court admissible dna tests?They are admissible if they are court ordered.

GV70 · Jan 28, 2008, 02:45 PM

If he is the father -$99 will be enough.

I am very interested in fact that many men sign PA and BS with doubts that they are BF and not make cheap DNA tests-in my example $99 ONLY!

Fr_Chuck · Jan 28, 2008, 03:09 PM

Sorry but the home DNA tests are not allowed in court, the issue is that they have to be administered by medical staff, and they also have to have a legal chain of evidence and the test has to be done by a lab that is approved by that court.

But next why did you ever just start paying child support,? They can not order you to pay support unless there is a hearing and you have the right to deny being the parent, and then the MOTHER has to require a DNA test and they pay for it, and if you are found to be the parent then you would have to pay. YOu most certainly did everything wrong you could most possibility do.