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    allastairh's Avatar
    allastairh Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 12, 2009, 01:35 AM
    Mother of my son won't agree to paternity test
    Hi

    I have a 6 yrs old son, last saw him 2yrs ago also stopped paying maintenance as well due to many reason between mother and I. Child was not conceived through a meaningful relationship but rather an irresponsible night of party and alcohol clouded decisions.

    Many good changes have occurred in my life since then, I now want a paternity done to avoid bullying tactics & ridiculous terms and conditions from the mother. Also I have solid and good reason to doubt the paternity and want this clarified once and for all, but hopeful that it will be positive that he is indeed my son.

    Please advise me on whether I can force a paternity test as the mother totally refuses to do the test and refused maintenance after 4 yrs on suspicion that I now had the guts to ask her for a test. She is aware of the fact that legally if I continue with maintenance I can force for a test to be done. She has rather opted not to contact me for assistance with maintenance despite her falling on hard financial times this past 2 years. I am willing and eager to pay the arrears of 2 years in full and continue ONLY if she agrees to a paternity test!

    She has outright refused. How do I or can I force for a paternity? Help
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 12, 2009, 05:43 AM

    It will have to be Court ordered. Get an attorney to file the appropriate paperwork the sooner the better. You cannot force her to do anything, but the Court sure can.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 12, 2009, 05:48 AM

    Assuming you did not wait too long in your location ( laws differ by state in the US) Also it does not sound like you have a child support and child custody order in place, since with a legal document there is no demands it is all in writing,

    So file in court and get a court ordered DNA test
    crooked_halo's Avatar
    crooked_halo Posts: 5, Reputation: 1
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    #4

    Jan 15, 2009, 02:05 PM

    Is the support court ordered? If so, where you asked whether you disputed paternity prior to the ordered support? My ex acknowledged paternity to our children, and had to sign a waiver stating so. If you contest the paternity, a DNA test is given through the courts, and then you can go from there. If she wants you to stop paying her, she must go through the courts and request that the current and back support be dropped. Please ensure she does this to avoid a possible jail term. I wish you luck on getting this resolved smoothly.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #5

    Jan 15, 2009, 05:24 PM

    You can go to court and file for visitation. At that time they can order a DNA test or you can have the courts by agreement deem you as the legal father of the child. Also at that time you will be set up for court ordered child support. Is she on public assistance right now ?

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