Divorced and Requesting a DNA Test

[kmd0826]

I live in NC
Mother and child lives in Washington state
Child born in Texas
Divorse filed in Califorina

My Ex and I divorsed in 2005. I would like to have a DNA test performed on our 8 yr old son. I pay child support and I am not allowed to see our son at all by her rules. I am pretty sure now that I am not the father but we were married at the time he was born. Is it possible to get a DNA test ordered through the courts (she would never agree privately) after all this time even after i accepted paternity.

[Baystategirl]

I live in NC
Mother and child lives in Washington state
Child born in Texas
Divorse filed in Califorina

My Ex and I divorsed in 2005. I would like to have a DNA test performed on our 8 yr old son. I pay child support and I am not allowed to see our son at all by her rules. I am pretty sure now that I am not the father but we were married at the time he was born. Is it possible to get a DNA test ordered through the courts (she would never agree privately) after all this time even after i accepted paternity.

No! Your the LEGAL father of this child. If you had a concern about paternity you should have address it 8 years ago. If mom isn't following the custody order file for contempt.

[kmd0826]

I had no reason to belive in the beginning the child wasn't mine, but before we were divorced I learned of her being unfaithful and I asked for a test and she literally flipped out so I let it go. now I have two additional children and I am pretty sure this kid is not mine and it doesn't seem fair that I should pay child support for a child that is not my biological child and that I am not allowed to see.

[aaron]

Generally speaking, if paternity is not raised as an issue in divorce and custody proceedings, the issue is regarded as res judicata, with the acknowledgement of paternity in the divorce decree preventing the issue from being relitigated. As laws vary by state and numerous states are involved, you may wish to call an attorney (or attorneys) to see if you can find an exception.

"I am not allowed to see our son at all by her rules" - If she is not complying with the court's visitation order, petition the court for enforcement of the order.