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Can a Court Order a Paternity Test if There's Another Man on Birth Certificate

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  • 04-30-2013, 04:00 PM
    JamesMo
    Can a Court Order a Paternity Test if There's Another Man on Birth Certificate
    My question involves paternity law for the State of: District of Columbia


    Can a man be court ordered to take a paternity test even though another man is on the birth
    Certificate for the past four years? The father on the birth certificate has not paid child support since the the baby was born. Can the mother a paternity test for child support?
  • 04-30-2013, 04:07 PM
    jk
    Re: Can a Court Order a Paternity Test if There's Another Man on Birth Certificate
    Your question is lacking enough information to determine if it is proper or not but in some circumstances, yes, they can.
  • 04-30-2013, 04:10 PM
    JamesMo
    Re: Can a Court Order a Paternity Test if There's Another Man on Birth Certificate
    What kind of information should i provide? Also what are some circumstances?
  • 04-30-2013, 04:34 PM
    jk
    Re: Can a Court Order a Paternity Test if There's Another Man on Birth Certificate
    Quote:

    Quoting JamesMo
    View Post
    What kind of information should i provide? Also what are some circumstances?

    for another man to be ordered by the court to be tested, somebody with standing would have to object to the status quo. Many states limit the time frame to object to the current status and 4 years is a lengthy time in this sort of situation so, it would likely require some claim of fraud in convincing the named father to accept paternity.




    so, unless you know some very specific details of the situation, it really cannot be determined with any dependability as to whether it can or cannot be done.
  • 04-30-2013, 04:59 PM
    JamesMo
    Re: Can a Court Order a Paternity Test if There's Another Man on Birth Certificate
    My ex girlfriend had a child four years ago and she thought that the guy she was with at the time was the bio father. he signed the birth certificate and has not paid child support since the the child was born. Then this year she contacts me and says she's filing a case in district of columbia to for a paternity test on me.
  • 04-30-2013, 05:21 PM
    jk
    Re: Can a Court Order a Paternity Test if There's Another Man on Birth Certificate
    Unless you know whether the named father has disestablished paternity, there is still no answer. If he has, then yes, she can attempt to establish paternity. If he has not disestablished paternity, then the child has a father.


    I would wait to see if you are served with an action from the court.
  • 04-30-2013, 05:41 PM
    JamesMo
    Re: Can a Court Order a Paternity Test if There's Another Man on Birth Certificate
    If i am served with an action from the court what should i do from there? if i am the father will i be taken for child support? can i fight for custody?
  • 04-30-2013, 05:45 PM
    jk
    Re: Can a Court Order a Paternity Test if There's Another Man on Birth Certificate
    If you receive a court order requiring you to submit to a paternity test, you don't have much option other than to comply. If it is determined you are the father, you will have a right to seek visitation and custody. Whomever is not the residential parent will likely be ordered to pay child support.
  • 04-30-2013, 05:49 PM
    JamesMo
    Re: Can a Court Order a Paternity Test if There's Another Man on Birth Certificate
    Alright, i appreciate your help and fast response time. thanks a lot
  • 05-26-2013, 08:09 AM
    katymae
    Re: Can a Court Order a Paternity Test if There's Another Man on Birth Certificate
    I had a question similar to this, but it deals with an enraged ex, who wants to petition his ex lover (they never dated) for paternity when there is already a man listed on the birth certificate. He told me what he was going to do to this woman b/c she doesn't want to have anything to do with him. He does not like her ex and wants to cause problems between them by filing a petition for paternity. Although I had advised against this, he is taking her to court, can he do that? From my understanding, the child is five years old and was living with the mother but is suppose to start staying with the father listed on the birth certificate. They reside in the state of Mississippi. I don't want him to do anything stupid and also cause problems in this woman's life. I think he is really unstable at this point and is looking for revenge or something. But even if there is a chance that he is the bio father, isn't there a statue of limitations and can she just deny the paternity test?
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