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    AGOODFATHER's Avatar
    AGOODFATHER Posts: 2, Reputation: 1
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    #1

    Feb 11, 2014, 10:54 PM
    How can I DNA test my kid if a judge refuses to grant one?
    How can I DNA test my kid if a judge refuses to grant you a DNA test? The mother refuses to give me access to my kids, because she does not want to lose her child support payments. At the same time she has told our child that I am not her bio father. Resulting in that child not wanting or having contact with me for over 14 months.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Feb 11, 2014, 11:04 PM
    Is there a visitation order?
    AGOODFATHER's Avatar
    AGOODFATHER Posts: 2, Reputation: 1
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    #3

    Feb 11, 2014, 11:33 PM
    This has to be the only place in the world where women make a business out of raising kids, do not get me wrong there are tons of DBD out their that deserve to be put away for life but who is speaking up for the good guys the Dads like me who want to be in their kids lives but because of money hungry gold digging b--ches like the one that stole my DNA so she could have light complexion babies, ( and I only say this because it is what she told me ) who feel the need to own three automobiles one for work one for clubbing and one just to drive around for show off all paid for by my blood and sweat and my kids income tax return each year. While my kids eat Ramen noodles and cereal 24/7 who speak up for them tell me experts. And now the latest development with my youngest daughter whom I have not seen in 14 months because her mom told her I am not her bio father so now she wants nothing to do with me, what gives her the right to rip out my heart?? AND NOW A JUDGE IS REFUSING ME THE RIGHT TO A DNA TEST BECAUSE I SIGNED THE B-CERTIFICATE Isn't THAT A .B--TCH
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Feb 11, 2014, 11:50 PM
    Chill out!!

    Is there a visitation order?

    You really aren't giving us enough information to go on.

    Quote Originally Posted by AGOODFATHER View Post
    money hungry gold digging b--ches like the one that stole my DNA
    Unless you were raped you gave your DNA up of your own free will. There was no theft of sperm.

    I understand your aggravation, but you have to give us the whole story, not just bits and pieces.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Feb 12, 2014, 12:07 AM
    In some states, if a man signs a birth certificate and it is not oontested in a certain amount of time. It can not be contested. You are the legal father.

    You have rights to visits, so get a order for visits and see your child.

    What she does with child support money is not a legal issue or matter,
    Please only give actual needed facts,

    But no, a judge does not have to allow a DNA test in many US states, if you signed a birth certificate and it was not contested previously, ( some states at all, some within time limit)

    Even if you got a DNA test and it is not your child, in many places you are still legal father, just not the bio father, and will still have to pay child support and still get visits.

    So judge either refused
    1. you are not allowed to file for DNA test since you state does not allow at this point
    2 you make a motion incorrectly, often without an attorney

    ** so what did the judge actually rule ? The wording of his ruling will tell us what happened.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #6

    Feb 12, 2014, 12:25 AM
    In "legaleze", a man doesn't actually "sign" a birth certificate. He has the option of signing an Affidavit of Paternity, meaning that he is admitting that he believes that he is the father of the baby in question. If there was a marriage then the husband is presumed to be the father unless there has been a divorce and the divorce was made legal within a specific number of days (state laws apply) prior to the birth of the child in question.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Feb 12, 2014, 05:58 AM
    The law is not always equitable. I'm sorry you are going through this. But in some areas once the father has been been acknowledged as the legal father there is a certain time frame to challenge that (Note: any question on law needs to include your general locale as laws vary by area). The judge in your case is probably going by the law that says it is too late to challenge that you are the legal father even if the child is not biologically yours. So a DNA test is immaterial.

    Do you have an attorney? If not I strongly suggest you retain one. A knowledgeable attorney may be able to think of something. For example, a DNA test test would be immaterial in determining paternity, but you are saying your daughter is refusing to see you because the mother has told her you are not her bio father. Now you were asked if a visitation order is in place. This is an important point. If there is one in place and the mother is not making your daughter available for scheduled visits, then you can go to court and ask that she be found in contempt for violating the visitation order. Depending on her age your daughter may be interviewed. If she says she doesn't want to see you because mommy said you weren't her daddy, then the judge may require a DNA test to lay that to rest. It will also show the court that your rights as a father are being abused. So if you tell us more about the situation we may be able to suggest some things.

    Now as far as your rant about the mother's finances. What the mother does with her money is not up to you. However, your child support payments go to support the child. If you can prove to a court, that the mother is not caring for the children properly, then you can get family services involved or fight her on custody.

    Finally, on her stealing your DNA, you willingly had sex with this woman and fathered multiple children. I need to understand that courts will look at that fact.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #8

    Feb 12, 2014, 09:05 AM
    It depends on your state laws..
    Eupelia's Avatar
    Eupelia Posts: 5, Reputation: 1
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    #9

    Feb 14, 2014, 06:10 AM
    IN SOME STATES YOU CAN SEEK TESTING BUT ONLY IF YOU DISCOVER NEW INFORMATION THAT CHANGED YOUR BELIEF THST YOU WERE THE FATHER.

    So if you always knew this child wasn't biologically yours, you're generally screwed. If, however, you found out something recently, then you need to let the judge know. If he refuses, APPEAL. Appellate judges know the law best.

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