[Empowermom]

I don't think I've seen this question and I'm curious about it. We have temporary custody of my great neice via court order. Permanent custody is pending DNA test. It's pretty much a done deal since Mom is unfit and the putative father is fine with her staying here.

Court has ordered DNA test to establish paternity since the Mother has stated it could be one of three people. So far, putative father has agreed to cooperate. IF he doesn't call and schedule test (he's known for two weeks to contact Social Services and hasn't) or he doesn't show up for test, is there a way we could obtain DNA which was obtained by the state when he was incarcerated last year? Two of the three who are "putative" are willing to keep her where she is and "say" they are willing to get the test. Other one can't be found easily and would probably feel the same way.

Also, "current/putative" Dad AND Mom are ordered to cooperate, Social Services wants to talk to HER about this and have her present at testing. I don't have an address and can rarely reach her, yet WE have custody. Furthermore, she doesn't give a rats patootey about the baby more than once a month for about 20 minutes, IF THAT.

Why is her input/attendance necessary? It doesn't make sense to me. Since we have custody, they WILL share the results with us, won't they?

Thanks for your help, all!!

[Xena]

I don't think I've seen this question and I'm curious about it. We have temporary custody of my great neice via court order. Permanent custody is pending DNA test. It's pretty much a done deal since Mom is unfit and the putative father is fine with her staying here.

Court has ordered DNA test to establish paternity since the Mother has stated it could be one of three people. So far, putative father has agreed to cooperate. IF he doesn't call and schedule test (he's known for two weeks to contact Social Services and hasn't) or he doesn't show up for test, is there a way we could obtain DNA which was obtained by the state when he was incarcerated last year? Two of the three who are "putative" are willing to keep her where she is and "say" they are willing to get the test. Other one can't be found easily and would probably feel the same way.

Also, "current/putative" Dad AND Mom are ordered to cooperate, Social Services wants to talk to HER about this and have her present at testing. I don't have an address and can rarely reach her, yet WE have custody. Furthermore, she doesn't give a rats patootey about the baby more than once a month for about 20 minutes, IF THAT.

Why is her input/attendance necessary? It doesn't make sense to me. Since we have custody, they WILL share the results with us, won't they?

Thanks for your help, all!!

Unless another poster knows of a particular case in your state, I really think this is a question that can only be answered by a local attorney. A local attorney will know exactly what the law is right now, and will know if there is any case law that supports using DNA from prior incarceration.