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Asked 7/17/2010

How can I make the Mother get a dna test?

I lived with a girl and she was seeing someone else to. The boy could be mine and maybe not. In the beginning, I asked for DNA testing and the court advised the mother to do this, she did not comply.
When the boy is 3, she leaves him with her Mother and gives her Power of Attorney. The Grandmother dies when the boy is 14 and the Mother still does not want him, so she sends him around to her relatives, and they keep shuffling him around. He is 17 now and in Foster Care, she still doesnt make a home for him.
In the past 17 years child support enforcement has took me to court 3 times and each time the Judge puts a Stay on it, because the Mother wont do a DNA test. The court has repeatedly ordered her to do so, but she disappears when they contact her. Why dont they force her to do the DNA test?
So here I am again, got a letter from Child support enforcement ordering me to pay support again, against the Judges orders. And, here I go again, putting out money for an attorney, asking for a DNA test, trying to get it resolved one way or another.
Am I wrong to want to get this over with? I am looking at $34,000.00 to pay for a boy that I am relatively sure is not mine, plus out all the attorney fees, and all the stress and anxiety that goes with all of it for 17 years.
But the worst of it is, all the years I could have had with this boy, if I had known for sure he was mine. I can never get that back.
Thankyou, please help

 
 
 
 
Answers

Answer 1/3 - Submitted 7/17/2010

Since the child is in Foster Care, I'm pretty sure his foster parents will deliver him for the DNA test.

 
 

Answer 2/3 - Submitted 7/17/2010

Since a judge has not signed a support order based on the mother's failure to comply to a court order, ask child support to compel the mother to a DNA and see where that goes, which is probably nowhere. Also ask child support for a copy of the support order signed by a judge. Child support enforcment can only enforce a legitimate court order and so far you stated no order exists. A DNA test with two people is well under the accpeted 99% probability to prove conclusively your are the father. He may have some of your markers but without mom's the best you might get is 75% and that doeesn't legally fly. I wouldn't get an attorney until you get some paperwork from support enforcement

 
 

Answer 3/3 - Submitted 7/17/2010

I can see where you would want a DNA test to find out if the child is yours if there is any dalt, however you need to know this there is a statue of limitation on how long you can go back and ask for a DNA test, inorder to not have to pay child support, and the child is 17 now and even if you were to get the parenty test taken it would finally tell you what you need to know and that is if he is your child, but there is no way that your going to get that back child support wiped off even if it does turn out the child is not yours, infact you would still have to continue to pay until the child reaches the age of 18 or graduates high school. You can contact a lawyer for additional information but you have to pay all your back erarages, the only one that could wipe those back child support paymesnt off is the mother if you could get her to contact the child support services and tell them your'e paid her in full, but if she has ever recieved any state benefits (Welfare) then the mother cannot do this at all.

 
 
 
 
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