Questions About Paternity Test Results

kappaluv04 · #1 08-22-2005, 01:01 PM

I took a paternity test for my daughters alleged father around a year and a half ago and the results came back that he was not the father. However, on the day of the testing we were suppose to be there at the same time and I ended up being an hour late, by the time I got there they had already tested him and he had left. From what I understand we were not suppose to be tested. I have great concerns about the test results because he has another daughter and her and my daughter look just alike the only difference is my daughter has a lighter skin tone. I'm not saying that is proof that he is the father but it does bring into question the results of the test. I know you may hear this a thousand times but if I was not 100% sure of him being the father I would not have come to him about the child. My only issue is how do I know that he was one that was tested when the lab tech that issued the test stated that him and a male friend came and left together. How can I go about having him retested or having the state look at the results from both my daughter and his other daughter.:?

aaron · #2 08-22-2005, 02:02 PM

You may not be able to do so, if this was part of a paternity action which is now resolved. You should consult a family lawyer in your state to see if there is a way to reopen proceedings on the basis of suspected fraud.

In the most peculiar paternity action in which I was involved, the mother was simultaneously sued for custody by two men who contended that they were the father of her child. Several people commented upon looking at a picture of the men and child that they could tell which one was the father. Except, as it turned out, neither was the father - the similarity in appearance was coincidental.

If the mother of the other daughter is friendly to you, you may be able to have your own cheek swab DNA test performed to determine if there is a probable half-sibling relationship. You can do that without the involvement of the father, although you would have to pay for the test.

kappaluv04 · #3 08-23-2005, 01:18 PM

Will the results of that test hold up in court? And if the results come back that he is the father what will happen then?

aaron · #4 08-23-2005, 05:17 PM

Quoting kappaluv04

Will the results of that test hold up in court?

They could give a court sufficient grounds to reopen the case on the basis of suspected fraud. A local lawyer may be able to tell you how the judge is likely to respond.

Quoting kappaluv04

And if the results come back that he is the father what will happen then?

If you got the case re-opened, with the prior ruling set aside, then established his paternity, he would be adjudicated the father.