[1250]

Hello, last week I received the result of my court ordered DNA test, it was 0 %. 2 days ago I received a call from child care services asking me to voluntarily do a second test because the girl is adamant that I was the father. She said if I don't agree, the lawyers will push it to court again and I will have to appear in LA. I am in San Diego. What should I do? Can the court order a second test?

[talaniman]

Yes they can but they would have to show the first test was flawed if I am correct. I would think it takes more than an adamant female to overturn the first tests results though.

[cdad]

Also if the courts push the issue I would ask that the other party pays for it since the first test was negative. Normally they would have to find defect in the first test which can be any number of things.

[ScottGem]

I agree with the others. But I wanted to add that you don't have to go to LA to have the test done. I'm sure the lab can arrange to take your sample in SD. I would go back to the person at child care services and tell them you will be happy to give another sample at a San Diego location as long as there is no cost to you for the test. If you are sure you aren't the father, then another test will prove it and get her to leave you alone.

But I would give a sample only under those circumstances. Otherwise, I would ask the court to allow you to appear by telephone at a hearing to order a second test.

The fact of the matter is that a court CAN order a new test if its not satisfied that the original test was not done properly. But the petitioner would have to convince the court that there is sufficient reason to doubt the original test. And yes a criminal case is very different from a civil case. And fingerprints are different from DNA testing.