[Lkin4truth]

I am a Veteran going to school and paying child support for two children. My ex and I were unwed and she cheated on me. I never signed a acknowledgment of paternity, and was never offered a DNA test. I singed the child support paperwork because I believed my daughter to be mine. My ex will not let me see the children or allow me to get a DNA test. I am just paying and paying. How do I get the courts to grant me a DNA test.

[Xena]

I am a Veteran going to school and paying child support for two children. My ex and I were unwed and she cheated on me. I never signed a acknowledgment of paternity, and was never offered a DNA test. I singed the child support paperwork because I believed my daughter to be mine. My ex will not let me see the children or allow me to get a DNA test. I am just paying and paying. How do I get the courts to grant me a DNA test.

Since you willingly signed the CS papers, it's doubtful that you can get a court to order a DNA test now.

However, there is something you can do about the visitation problem.
Do you have a court order for visitation?
If you do, you can file to have it enforced.
If you don't have an order, you can file for one.

[Lawrence D. Gorin, Atty.]

What Lkin4truth is saying does not sound quite right. He says that he never signed an acknowledgment of paternity of the child(ren) born out of wedlock, and no DNA testing has ever been done. But at the same time, he says he "signed the child support paperwork."

Until and unless paternity of a child born out of wedlock has been legally established or declared, there generally would be no "child support paperwork" to sign. So I suspect that whatever "child support paperwork" Lkin4truth signed probably included (unbeknowst to him) a provision by which he either affirmatively acknowledged paternity and/or consented to the entry of a judgment or order establishing his legal paternity of the child(ren). Such would normally be an prerequiste foundational element in order for a child support obligation to be imposed.

Lkin4truth needs to have a lawyer review the case record to see what really happened, from a legal perspective. This should be done by a lawyer in the state in which mother and children reside.

If it is determined that paternity was established through a voluntary acknowledgment of paternity and no DNA testing has been done, Lkin4truth may very well be able to "challenge" the voluntary acknowledgment of paternity on the basis of fraud, duress, or material mistake of fact. This is pursuant to federal law, [42 USC § 666 (a)(5)(D)(iii)], which mandates that each state have procedures allowing for such a challenge to be made on that basis. However, some states have imposed time limits for the filing of such a challenge, while other states (Oregon, for example) allow for such a challenge to be made "at any time after the signing" of the VAP.

So if Lkin4truth is looking for truth, he needs to confer with a competent lawyer in the state in which mother and child reside.

LDG