[h-what]

To put every thing in perspective, about two months ago my ex. Placed our children in foster care. It was not two weeks before her aunt in Helena, MT. stepped in to "help", do I need to mention that my children have seen this woman once before in their lives. Any how, about a week later they had signed guardianship papers for them. I have just signed paternity and received the birth certificate for my youngest, not quite two, and placed a motion for custody. Both my ex. And I want my daughters with my. In doing so sally's, the aunt, husband called me the next day and said that he did not believe I was the father of my youngest daughter that if I continued with this motion that he was going to refuse visitation to me. I don't even think that is legal but that is beside the point. Ether way, the court date is coming up and my question is can he order a D.N.A test? Me and my ex. Know who the father of our child is and that is me, I don't need to or want to take an D.N.A test and my ex. Feels the same way.

Just to clear up confustion my oldest daughter, three, is not mine but she knows me as dad and in every other way but on paper or blood I am daddy.

Any advice would be helpful.
p.s yes I am knowbody111, I could not for the life of me remember my old password.

[N0help4u]

I am not following something, if your wife placed them in custody why didn't she just hand them over to you in the first place since it would have been easier and left out the mess with the system. Now that she has placed them into foster care it may be harder. Hopefully the court will do a DNA test but I think that is mostly the TV Judges that do that, not sure how they handle your situation in real life.
I am not sure who sally's, the aunt, husband is (Your ex's Uncle?), but saying he will refuse visitation if the court orders visitations to you they would be defying the court order.
Can your ex just say she wants the kids back and then work things out in court with you once she gets them back??

[ScottGem]

I'm equally confused. We need to understand why these kids were put into foster care when are around? Were you marriedtothis woman when you had the younger child are you on the birth certificate?

Once we understand more about the background we may be able to deal with the other issues.

[h-what]

Sorry for the confustion, the girls were staying with me for about a month before this turn of events. On the day my ex. Handed the girls away, witch also happened to be my birth day, I had left them with here for the day so I could sleep, pay bills, and work. Well my phone had bean disconnected that day because of a late payment and she came to my apartment about 10 min.s before I left for work and told my that she had a mental breakdown or an anxiety attack or some crap like that and could not handel the girls or get a hold of me to come get them so she called D.F.S to take the girls. At this point paternity had not bean signed.

As far as sally's husband, I am not even. Sure if they are married, I guess he is my ex's. Uncle in law thing.

[Fr_Chuck]

Ok, anyone who physcially has the children in their custody can refuse anything they want, is it legal ? No, but can they yes.

So what do you have to do? First get the courts to determine you the legal father, either by allowing you to sign paternity papers or by DNA tests, once the courts have declared you the father, you need to file for custody rights, either joint custody, sole custody, or at least visit rights.

Once you have visit rights orderred by the court, if they refuse, you can take them to court for being in contempt.

*** again, I have no idea what you are talking about as to how has the kids, and how, and who gave custody away and so on.
Much of which may not be legal if the father of the children were not notified or given a chance for custody before custody given to someone else.

So you will need an attorney to sort all of that out.

[N0help4u]

Since your ex had called DFS and told them she was having a breakdown it could be harder for her to do anything outside of sticking up for you getting them back.

The question was were YOU and her married?

[h-what]

Ok so I have signed paternity and already have the birth certificate for my youngest the state recognizes me as the father of my youngest already . As fare as my oldest I will have to get her birth father to relinquish his rights, and then adopted her in order to have any say with her. I can however file a motion and affidavit with the court for guardianship.
I think you all have missed the question though. It was,
CAN A D.N.A TEST BE ORDERED FOR MY DAUGHTER IF MY EX. AND I KNOW I'M THE FATHER AND I AM ON HER BIRTH CERTIFICATE ALREADY?

P.S no my ex. And I have never married.
Thank you for the help sorry for the confustion.

[Fr_Chuck]

Can a DNA be ordered, Sorry I have not still followed all the who has who.
But if someone else has been granted guardianship or temp custody, they can try to challenge it, and they can ask the court, now you can fight it, and show your proof and the such,
Will a judge order a test? There is no real correct answer, family court judges do silly things often. So will they, most likley not, can they, if they want to.

[N0help4u]

We are missing the question because it is unclear.
My point was that I do believe a Judge CAN order a DNA test because
What you feel, think and believe is NOT what the law goes by.
They go by facts. If the court will allow you to sign the papers making you her dad in their eyes that is good, which they might have done if you did it before your wife had her nervous breakdown. Now it is more complicated because it went to DFS and the aunt and uncle now have them so I doubt it will be that easy and just might require a DNA test.
Then too the court could possibly put you down as the dad and still grant custody to the aunt and uncle and require you to pay child support. The possibilities are numerous.