Disputing DNA Results when Other Men Were Also Named As Potential Fathers

My question involves paternity law for the State of: KY

Pretty long and messed up story. Basically, I am a married man and made a mistake a year ago and had sex with another woman. She got pregnant. However, there were 4 other men that I know of that she had sex with the month her child was conceived. From the birth date of her child, it was too early to have been mine. I have another person who will do an affidavit saying I had no physical access to this woman until a week and half after she would have conceived. She even stated that she was too far along for it to be mine. After her baby's birth, I get papers saying I am the father and that she had named another man that it could be also. I disputed of course because I just don't see how the math of the pregnancy makes that child mine. The results came in and are very confusing. I did searches to get help on how to read the results and there are only a couple markers where the child has something in common with me that his mother does not have. Of course that can't rule me out, but the lab says it is mine. I still want to dispute this. According to a friend, who knows a little about genetic testing, they do test for eye color, hair color, ethnicity, etc. Some things that would be common to others with my same eye color, hair color, etc. I have a couple questions. How do I dispute these results now? And why didn't they test the other potential father? My wife and I have been working to repair the damage I did but it is causing so much stress now with these papers. The other woman harassed her through email for quite some time but initially also told my wife that this child was not mine and it was another man's and she knows that for certain.

Please help.

well, unless you are trained and are accepted by the courts as an expert in DNA identification, what you see means nothing.

If you believe the test was incorrect, you can ask for a new test. Other than that, you would have to impeach the reliability of the lab that did the DNA comparison. Most likely not happening.


dna testing is not as simplistic as your friend seemed to imply. Google it and read up on it so you can understand why a dna test makes the determination to a 99%+ level of accuracy.

It will also make a HUGE difference on who did the testing. Was this a "do it yourself" test that was mailed in, or was this a test, ordered by a court, that was conducted at a court-approved facility and testing conducted by professionals?

I did a google search and looked at several different websites about DNA testing and how to read the results. The charts they show as examples, I compare the results I have to that. Where the child received something that both the mother and I had, they put that on me but on the examples it shows it came from the mother because they know she is the mother. And I read that they should do 15 markers not just 13. And there are only 4 markers that that child has that the mother doesn't have in sequences also. I am going to give a written statement to the court about the time frame and that others were also having sex with her around the same time.

Why wouldn't they have tested the other man on the papers that she named?
Thanks

Who. Did. The. Testing?

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Quoting aardvarc

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Who. Did. The. Testing?

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based on info from anybody I know that has had a legally ordered test, the possible father does not receive the actual printout of the markers so I would suspect this is a home test with an obvious self evaluation rather than acceptance of the labs trained technicians report.

A lab in North Carolina and I did a search to make sure it was accredited and it was. We got a print out in our court documents of the markers and what the mothers, child's and alleged father's markers. It also gives the PI, but like I said from google searches and looking on a genetics website, they have examples of results and ours are not being read like the example shows. Like I stated previously for instance, there is a marker where the mother has 10,12; the child has 10 and the alleged father has 10,12. So why do they know that marker came from me and not the mother? When on the examples on all the websites I read, this would not be a match for sure on me because they know she is the mother it would be matched to her.

This was not a do it yourself kit. I have had nothing to do with the mother, baby, pregnancy or anything as she told me when she found out that she was too far along for it to be mine and that it was another man's baby. She had been with four or five different men during a 45 day period. I even did an ovulation calculater online and on a normal cycle (which I asked these things when she first got pregnant about her cycle and when it was and when the one before that was), she would have ovulated at least a week before she and I had sex. That's why I just am not taking these results as solid yet. I would rather have a blood draw and a larger genome or more markers studied. Not to mention, again the other person she alleged as a potential father tested also.

Thanks for all the help

a blood test does not provide any greater accuracy that a buccal swab.

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From the birth date of her child, it was too early to have been mine.

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from the birth of the child? Since when is the birth date an exact time from conception? It varies when all things are perfect and if anything happens, it can vary even more.

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I have another person who will do an affidavit saying I had no physical access to this woman until a week and half after she would have conceived.

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and of course both of you know exactly when this woman ovulated, right? Dang guy, most women don't know exactly when they ovulate. That is why basal temps are taken over a period of months when a couple is trying to determine when is the best time to attempt fertilizations.

Bottom line;

if you want to pay for another test, file such a motion with the courts. If you are willing to pay for it, I would suspect they may allow it. Other than that, all of your claims, suspicions, hunches, and non-trained deductions are meaningless.

here is an excerpt from a site that deals with couples attempting to have a child. Notice how accurate, or lack of accuracy they are dealing with.

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Since a chart cannot tell you in advance when you will ovulate for any single month, its value is in helping you identify your patterns. For you to use the charts effectively, your menstrual cycles must be regular within a few days -- say, they might occur every 28-30 days or every 33-35 days. Then you can look at a few months of charts and see where the temperature rise occurs. It would normally occur sometime between days 12- 19; for example, you might routinely detect yours on day 14. Once you can predict the day on which the rise is likely to occur, start with babymaking intercourse about four days before the expected rise and repeat every other day for about a week.

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check out the "week" suggestion.

Actually, because of ultrasound they can narrow conception down considerably than just saying 30 days around your last period. According to her, when she found out and had her first ultrasound, she had conceived the week of Feb 11-Feb 17th, this is why she told me she was too far along for it to be my baby because of the baby's age when they did the ultrasound. I wouldn't know, I was not with her, nor did I want to be. It was a stupid mistake. Not to mention, I know how to plan a baby, my wife and I did with our 2 year old. I was NOT trying to get this other woman pregnant although sadly that could be why she wanted me and pursued me so bad. She wanted out of Iraq, a female soldier. However, it was not my intent, it was a bad choice I made. I am still not going to be in that child's life. I have no desire to be and never did. It was only by chance that I am the one the DNA matches to. My untrained hunches and such.. well I have consulted with an OB and a family memeber that was an OB nurse for many years. Plus the child doesn't have any of my features as my other children do.
I am trying to find how to get in contact with the genetics expert for this area. Plus I had read in the laws online that a judge could weigh that the alleged father was not physically near a woman during conception against the DNA test. I have said before, there are markers that were tested that I could have in common with another man. Many of us have DNA in common, our ethnicity, blood type, eye color, hair color, and so many others, and there were two others that I know that had some of those features in common with me.

My last lingering question is, I still want to know why when she named another man as a possible, he wasn't tested also?

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It was only by chance that I am the one the DNA matches to.

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Umm...that's not the way DNA works.