DNA Test Request After 2 Years

Quote:

---

Quoting lynohio

---

I would say he has a good chance...since you are not married I do not understand how a support order was placed with out a Test or he signed a paper stateing he was the father..Remember, he can have a DNA test done with out the courts being involved...you can buy these types of tests. Sorry :-(

---

Ever heard of "default"?

when if the decision as to whether or not the test is ordered likely to happen? let us know the outcome of the proceedings

Quote:

---

Quoting lynohio

---

I would say he has a good chance...since you are not married I do not understand how a support order was placed with out a Test or he signed a paper stateing he was the father..Remember, he can have a DNA test done with out the courts being involved...you can buy these types of tests. Sorry :-(

---

post #4 states he signed the AoP form at birth, thus establishing paternity. a DNA test not carried out by a court order is of no use.

There is a hearing to decide to "futher discuss this matter" on feb 3rd.
He signed the AoP form when we were still together and right after she was born. He claims he signed it under duress. (A tiny 140 pound girl while preg forced the 215 pound boy to sign the form. Makes perfect sense right?)

Quote:

---

Quoting aschrader228

---

There is a hearing to decide to "futher discuss this matter" on feb 3rd.
He signed the AoP form when we were still together and right after she was born. He claims he signed it under duress. (A tiny 140 pound girl while preg forced the 215 pound boy to sign the form. Makes perfect sense right?)

---

It's incredibly difficult to prove duress....let him go ahead and try.

Quote:

---

Quoting lynohio

---

I would say he has a good chance...since you are not married I do not understand how a support order was placed with out a Test or he signed a paper stateing he was the father..

---

He signed an AoP

Quote:

---

Remember, he can have a DNA test done with out the courts being involved...you can buy these types of tests. Sorry :-(

---

All well and good...but the courts won't accept those test results - they want very specific procedures following by certified testing centers. Tests taken without order and guidance directly from the court won't be considered.

I was doing so well. I had it in my brain finally to just walk in and do what they will...
Than I got a letter in the mail from him. He called me a black hearted women with no feelings. Told me I'm a bad person, and bad things will continue to happen to me. Said as long as I make his life miserable for him, his girlfriend and his REAL child; he's going to continue to make my life hell.
Needless to say, my mother took the letter to the police; we in turn told me to write him a letter stating any further contact will result in harassment charges.

My mother is really pressuring me to go into the court house and say there's no need for any of this and see if we can get him to permanently give away his rights if I drop the support. Is that possible?

Highly unlikely - I'm sorry.

The state will not allow you to drop support in exchange for him relinquishing his parental rights.

Quote:

---

Quoting Dogmatique

---

Highly unlikely - I'm sorry.

The state will not allow you to drop support in exchange for him relinquishing his parental rights.

---

Yes, I sadly figured that out at the hearing. :(. Him and I have come to an arrangement anyway. There is a custody hearing; if he agrees to give up all custoty rights, I told him I'd agree to drop support and he had to withdraw from our lives forever & if he ever returns, I will take him for support again. I am engaged and my fiance will adopt her when that day comes. Doing it this way is better for everyone included.

I didn't try to fight the DNA test. (The sheer view of the judge telling the father to shut up fifty times and telling him he was being immature amoung other things was pleasure enough for me. Put a smile on my face.)
But they judge said that he was correct about the age of majority and being to young to sign a birth certificate and granted him a test.
They also told him to shut up 2-3 times at the DNA test today. :). Results in 3-5 days. BlahBlah. Her father already knows the outcome as well as I. Which is why we worked out the above arrangement.

New Question: Can he go to the custody hearing and say I don't want to see her / Custody?? Or if he doesn't show up?? They would than give me sole custody? I'm guessing?

Oh he can absolutely say that he wants nothing to do with your daughter. The judge will then likely rule that you have sole custody (but remember, custody is fluid and can always, with reason, be modified).

If he doesn't show he may get one more chance to attend (this is quite common after a first-time "no show"), but he may not, depending on the judge.

Quote:

---

Quoting Dogmatique

---

Oh he can absolutely say that he wants nothing to do with your daughter. The judge will then likely rule that you have sole custody (but remember, custody is fluid and can always, with reason, be modified).

If he doesn't show he may get one more chance to attend (this is quite common after a first-time "no show"), but he may not, depending on the judge.

---

I know it can be modified but without support, he will never come back. He never asks me about her when he calls just about support. It's always about money.

Awesome, He said he is leaving for Mississippi again soon. So if they give him another chance, it won't matter.