[Life101]

My fiance signed an acknowledgement of paternity while he was incarcerated, nearly 9 years ago. Since his release, he has petitioned the Philadelphia Court(Domestic Relations), asking that paternity testing be performed.

The b/m at the last hearing stated that "she didn't have a problem with taking the paternity test", however, asked the court how he could do this? She did not bring the child to visit during the nine years he was incarcerated, and didn't permit the child to correspond with him, all communication was via telephone with the child's paternal grandmother.

While incarcerated he received a letter, from b/m alleging to have had intercourse with his cousin and best friend. It could've possibly been stated out of anger, for reasons unbeknownst to me. Nevertheless, it caused him to question paternity.

The judge instructed him to bring that letter to court, however, his stepfather remodeled the basement and disgarded the letter(s). He assumed that he'd be able to retrieve the letter(s), until he talked to his mother later on that day. I'm not a legal professional. But if I had to take an educated guess, I would imagine the judge could've ordered paternity testing at the last hearing. I, personally, would not have thought it to be wise to allow nine years to pass by, before I requested DNA testing if I was uncertain about the paternity of my child. Based on what I've read regarding paternity testing, in PA that isn't going to work in his favor. His concern is that he may end up paying for a child, without certainty as to whether or not he is the biological father.

If the true intent is to obtain financial support for the child, I would imagine contesting DNA testing will result in further delay of the child getting what he or she is entitled to.

It's just my personal belief that when a woman refuses or seeks to avoid paternity testing, there probably is a good reason for that reluctance.

My question: Considering the amount of time that has passed since he signed an Acknowledgement of Paternity, is it likely that the judge will order paternity testing?

[Mr. Knowitall]

The judge is apparently trying to find enough wiggle room to let your ex- get his test, but apparently believes if there is not a legal basis to set aside the paternity order (such as fraud) there's not much point in proceeding with testing. If mom truly tells the court, "I have no objection", perhaps the judge will allow DNA testing anyway.

I'm not sure what your point is about DNA testing - are you stating that the fact that your boyfriend didn't seek it for almost a decade suggests that he's the father?

Tell your boyfriend to get a lawyer.