There is a hearing coming up in a Title IV court on a paternity suit brought by the state against my teen daughter's father. The state has found that no statute limitation applies that would prevent them from seeking to establish paternity and support after all these years. His attorney has indicated that they will seek to appeal any decision to a higher court so that the statute issue can be argued outside of the Title IV court. Their purpose is to avoid DNA testing or any acknowledgment because he has kept my daughter's existence a secret from his entire family all these years. In fact, his attorney admitted that he does not want to take the test, because then he would have to pay support. This obiously implies to me and to my attorney that he KNOWS he's her father, but he doesn't want anyone else to know and he doesn't want to be held responsible.
What would be the best way to circumvent this tactic to simply delay the inevitable as long as possible? I am the bio mother, but not the petitioner, and intend to appear as required. I have a pro bono attorney who does not specialize in family law. She suspects that he may choose to default and not appear at the Title IV hearing so that he can avoid an order for testing....even though he may be ordered to pay support by default. Can I reveal my belief of their intent to default and appeal and ask that the Title IV judge order DNA testing instead of a default order establishing paternity?