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

    Mar 20, 2012, 08:13 AM
    I am a married woman in the state of MN and had a baby last June. Another man is now
    Taking me to court to sue for dna testing because he thinks that this child is his. We were friends and he knew I was married, he becqme obseeive and wanted me for his own and even assulted me when I had a diabetic reaction to insulin and was not in the right state of mind. I had a restraining order placed on him in Sept and he contested it but when it came down to court day he and his lawyer dropped the contest. After the restraining order this man contiued to harass me and even did third party contact and sent a fictitious email to my brother which created much un needed drama with my family before the holidays. My husband myself and our daughter took a home dna test in which when we did the test we actually performed it in front of a notary and she signed as a witness. When I go to court will the judge accept this and finally make this man leave me alone!
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Mar 20, 2012, 08:25 AM
    The courts will not accept your home test as evidence. If this gets to court that man's DNA will also be part of the test. Have you contacted an attorney experienced with this proceeding who can represent you?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #3

    Mar 20, 2012, 01:19 PM
    Have the case dismissed as the former boyfriend has no standing in the matter. The only ones that can contest it are the Father (husband), Mother or child.

    Quote:
    Subd. 4.Action to vacate recognition.

    (a) An action to vacate a recognition of paternity may be brought by the mother, father, husband or former husband who executed a joinder, or the child. An action to vacate a recognition of parentage may be brought by the public authority. A mother, father, or husband or former husband who executed a joinder must bring the action within one year of the execution of the recognition or within six months after the person bringing the action obtains the results of blood or genetic tests that indicate that the man who executed the recognition is not the father of the child.


    Ref:

    https://www.revisor.leg.state.mn.us/statutes/?id=257.75

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