Potential Father Refuses to Take DNA Test

ChynaNY · #1 09-12-2007, 08:46 AM

Hi I live in NY. My son is 16 years old. The father that's on his birth certificate is not his father proven by DNA test. The other man who I think is the father does not want to take a DNA test he is very adamate about this. He has a wife and children and they live in North Caolina. I ask him over and over again to pls. do this and he refuses. How do I go about this? Is there a legal way of doing this? Can the courts help? My son needs to know who his real father is. His mother had volunteered to take a DNA test. because I think she believes her son is the father. and also the father that is listed on his birth certificate has not took any action in taken his name off, what do about this?

PLS. HELP!!

lwpat · #2 09-12-2007, 09:41 AM

You can file a paternity action in NC. I am not familar with NC law. You will need to retain an attorney in NC.

aaron · #3 09-12-2007, 09:45 AM

The facts are a bit foggy. If the child already has a legal father, named on his birth certificate, it may not be possible to initiate a paternity action against the putative father.

ChynaNY · #4 09-12-2007, 11:08 AM

But the legal father on the birth certificate is not his father, we took a DNA test and it came back negative. I don't know how to take him off the birth certificate.

aaron · #5 09-12-2007, 11:43 AM

Paternity was established in New York? Were you married to the legal father at the time? If not, how was paternity established with the legal father? Does the legal father wish to lose his status as father?

lwpat · #6 09-12-2007, 06:29 PM

It depends on where you can get jurisdiction and the laws of that particular state. The name on the birth certificate is usually a rebuttable presumption and a paternity action has to be filed before the child reaches 18. You may be able to get jurisdiction in NY if that is where the child was conceived. I suggested NC because that is where it will be easiest to get jurisdiction. However, that may not be your best choice. The variables are too many for a free forum. You need to consult an attorney about your options.