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ScottGem · Oct 30, 2008, 12:45 PM

First this is not texting. Please use complete words and sentences.

Second, A home kit is only for collection, you still have to send it to a lab for testing. But the courts require more. Stringent testing.

And if you are from WI, then read what This8384 is saying as she is familiar with WI laws.

schenkerbeans · Oct 30, 2008, 12:49 PM

No they are well aware I signed the paterinty

But by law doesn't any one have the right to contset paternity

stinawords · Oct 30, 2008, 12:52 PM

If WI law says that by signing that you waived all your rights then you are lucky you even got that far! So really what you can do is just go on paying your support or come up with the $750 and hope that it comes out negative and the court will overlook the fact that you already signed the paper waiving your right to have a DNA test later done. If you really want to buy a non court ordered DNA test you can but it really dosen't matter what the result is because the court only allows court ordered DNA tests (done at their approved facilities) to come into the court for decision making.

this8384 · Oct 30, 2008, 12:53 PM

If they're aware and are still letting you waste their time, then this state is more stupid than I thought... that, or you don't fully understand what's going on in the courtroom and are posting what you believe to be the scenario.

You signed an acknowledgement that said "This child is mine; I am responsible to support it until it is 18 years of age. I waive my right to contest paternity, I waive my right to claim that it is not my child, I agree to pay child support." It states all of this on the acknowledgement that you signed of your own free will.

schenkerbeans · Oct 30, 2008, 12:53 PM

So why would I have to pay a gal to make the dna test when I could just go and do it on my own?

stinawords · Oct 30, 2008, 12:54 PM

Originally Posted by schenkerbeans

but by law doesnt any one have the right to contset paternity

"This" who is also from WI already explained that in your state by signing the paper that acknowleged your paternaty you waived those rights. That is pretty normal that is why you have to read through things even if they are thousands of pages long before you sign it.

schenkerbeans · Oct 30, 2008, 12:56 PM

No I telling you the real scenario and I went to court because I wrote the judge a letter asking for the case to be reopened and I went to court and they reopened the case based upon my letter and the mother agreed to reopening the case

stinawords · Oct 30, 2008, 12:56 PM

The reason that you would have to pay for the court test, as I already explained, is because those are the only results that they will allow in the court. You can go get one on your own but it won't hold one single drop of water in court it would be like bringing a slinky and saying that if it bounces that you are not the father.

this8384 · Oct 30, 2008, 12:57 PM

Originally Posted by schenkerbeans

but by law doesnt any one have the right to contset paternity

Please stop, go back, reread my post and take the time to comprehend it.

You signed a voluntary paternity acknowledgement. It said on that acknowledgement that you agreed to waive your right to a paternity test. Yes, people are typically allowed to contest paternity but not when they waive that right.

Going back now, I see that you "reopened" your case and say you are contesting paternity. What motion did you file exactly to get the case reopened?

schenkerbeans · Oct 30, 2008, 12:57 PM

So you are basically telling me that its pointless to further my efforts

This is sum of the letter I wrote the judge:

I’m asking that you please grant me the court ordered DNA test. I’m also asking to reopen my (08FA298) case and dismiss it pending the results from the DNA test, and to put a hold on child support payments until the results are obtained. If you could please call me and let me know if this is possible my number is listed below.

I have the whole letter if you guys all want to read it I can copy and paste it

stinawords · Oct 30, 2008, 01:01 PM

Do you have that much money that you don't need for anything else? Like keeping your support payments current? If you don't need the money then go ahead with the case but because you signed that paper it isn't likely that continuing will get you the results that you are looking for. If you still want to keep going with it I would also recommend bringing a lawyer with you to help tell the judge why they should ignore the fact that you already waived your rights.

schenkerbeans · Oct 30, 2008, 01:03 PM

The judge has already overseen the fact I signed it

liz28 · Oct 30, 2008, 01:03 PM

This is what I found over the internet regarding this issue where you live.
CFFPP: Legal Assistance - Wisconsin Question and Answer Handbook for Noncustodial Parents

If the courts are telling you that you have to pay a fee than and you don't have it, can you borrow it from family? You need to get the ball rolling before you get stuck for life for paying for a child that might not be yours.

schenkerbeans · Oct 30, 2008, 01:04 PM

That's why he granted me the gal

this8384 · Oct 30, 2008, 01:06 PM

This is turning into a joke. A judge doesn't have the authority to reopen your case; you need to file a motion with the family court. Simply writing a letter doesn't reopen your case.

I don't think that you're 100% positive what you signed, what you filed, or what's going on.

stinawords · Oct 30, 2008, 01:07 PM

If it has been less than the 60 days then come up with the money and get the test done. But yes, you do have to pay that much for the court ordered one you can't just go get one at the CVS.

schenkerbeans · Oct 30, 2008, 01:10 PM

I telling you the truth believe me or not your choice but this is what has happened so help me or not your choice but I wouldn't be on here if I didn't need the advice

And I signed a voluntary paternity acknlowledgement at the hospitol

And I have had t2 court appearances

stinawords · Oct 30, 2008, 01:13 PM

Ok so how old is the child? At this point it seems like that will be the fine line waiting to be crossed.

schenkerbeans · Oct 30, 2008, 01:13 PM

And this was the outcome

He will be 1 on nov 3rd

this8384 · Oct 30, 2008, 01:14 PM

Oh, I believe you need advice all right. But what you're posting and claiming to be truth is in direct violation of the law. A judge cannot just reopen your case because you wrote him/her a nice letter. A judge cannot just grant you a DNA test because you decided a year later that the baby wasn't yours. This is from the link that liz posted:
If after this 60-day period expires you decide that you no longer believe that you are the childs father, you will have to go to court and prove that you signed the document under conditions of fraud (someone lied to you), duress (you were forced to sign), or mistake of fact (you thought one thing and another thing is true).
Would you mind sharing which county this is in?