DNA Test Request After 2 Years

My question involves paternity law for the State of: Pennslyvaina.

The father of my child has never been there. Emotionally or finically. There has been a child support order out since little after birth. In the begining he said often "I don't think I'm the father" I offered plently of times to get a DNA test. My daugther was young.. and wouldn't remember it. I even handed him the information to have done. Well he got sentenced to 60 days in jail after not paying for 2 years. He now sent the request for a DNA test.
His parents take lexi every week on thurs for a few hrs. Before he got setenced he was spending time with her. n telling her that he was her daddy. What are his chanced of honestly getting a DNA test under those circumstances?

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Quoting aschrader228

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My question involves paternity law for the State of: Pennslyvaina.

The father of my child has never been there. Emotionally or finically. There has been a child support order out since little after birth. In the begining he said often "I don't think I'm the father" I offered plently of times to get a DNA test. My daugther was young.. and wouldn't remember it. I even handed him the information to have done. Well he got sentenced to 60 days in jail after not paying for 2 years. He now sent the request for a DNA test.
His parents take lexi every week on thurs for a few hrs. Before he got setenced he was spending time with her. n telling her that he was her daddy. What are his chanced of honestly getting a DNA test under those circumstances?

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The time for him to have been able to deny paternity and request a DNA test was at the time that the CS order was issued.
It is now too late for him to do so.
Even if he does file for a DNA test, the court will easily see that he is doing so only after being sent to jail for non payment of the CS order. His request will almost certainly be denied. However, stranger things have happened.

Is the state CSE agency enforcing your case?
If they are talk to them about the problem if he does actually file, the attorney for the CSE will know what to file to handle the situation.

How did he end up being declared the father if he didn't either consent by executing an affidavit of paternity, or get adjudicated to be the father through a court action where he would have been offered a DNA test? Did he simply default on a paternity case?

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Quoting Mr. Knowitall

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How did he end up being declared the father if he didn't either consent by executing an affidavit of paternity, or get adjudicated to be the father through a court action where he would have been offered a DNA test? Did he simply default on a paternity case?

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He did consent. He signed the acknowledgement of paternity paper when she was born in the hospital. He wasn't offered a DNA test. He is taking me to court to try to get one approved. He had a lawyer write a letter to domestics and said
"He was under distress and I forced to sign the paper". So there is a hearing to decide whether he should be allowed one or not. I was wondering the possiblities of him getting one after his daughter being 3 years old, and he never questioned the paternity until he was sentence to 60 days in jail for not paying child support for 2 years.
It just makes me realllly mad I offered him one up until she was 1 years of age and he said "I don't want it that way". I even have letters I'm taking to court where he promises to stop running out on his daughter. He talks about how much he loves and misses her & wishes he could be there.

I was in the same boat- same reason and all. The court did order the test and it only proved what we already knew. (Whoever requests the test has to pay, so there would be no cost to you.) Don't worry if a test is ordered. If he's proven to be the father the court will order support.

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Quoting aschrader228

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He did consent. He signed the acknowledgement of paternity paper when she was born in the hospital. He wasn't offered a DNA test. He is taking me to court to try to get one approved. He had a lawyer write a letter to domestics and said
"He was under distress and I forced to sign the paper". So there is a hearing to decide whether he should be allowed one or not. I was wondering the possiblities of him getting one after his daughter being 3 years old, and he never questioned the paternity until he was sentence to 60 days in jail for not paying child support for 2 years.
It just makes me realllly mad I offered him one up until she was 1 years of age and he said "I don't want it that way". I even have letters I'm taking to court where he promises to stop running out on his daughter. He talks about how much he loves and misses her & wishes he could be there.

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He's claiming he signed it under duress?

That IS interesting - because this is VERY difficult to prove. What exactly is he alleging?

Have you actually been served with a suit?

Perhaps more to the point...is there a chance that he is NOT the child's father?

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Quoting Dogmatique

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He's claiming he signed it under duress?

That IS interesting - because this is VERY difficult to prove. What exactly is he alleging?

Have you actually been served with a suit?

Perhaps more to the point...is there a chance that he is NOT the child's father?

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He is trying to say I forced him to sign the paper and be her father. His public defender said he ask for DNA test.(Which no one can tell me why his public defender is helping him.. I can't even get one for the matter... I had to go hire one.)

They are also bringing up the law of "Infancy - Age of Accountability" because he was 18.6 when he signed the paper. which i tried to google... but didn't find anything on the law.
The paper says "upon consideration of the foregoing petition for genetic testing, it is Herby ordered and directed that hearing be scheduled on said matter on the (date, time, place n where). "

No it's his. It just really frustrates me that he says one thing and does another. He says he will pay for the test... but he hasn't paid court cost associated with child support. or numerous fines for the last two years. He was in Mississippi living with his girlfriend. He has been in and out of jail for drugs and other minor stuff.

It's unbelievable the amount of times I've tried to help him out. I went to the first court hearing, where they wanted to setence him to 30 days. I spoke for him at his hearing... so they didn't. I've told him to find a job and keep it and I'd lower the support. He can't even do that much. Ive offered to help him some many times, and he does this to me. I just feel like it's time for war. No more miss nice girl.

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Quoting distressedmom

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I was in the same boat- same reason and all. The court did order the test and it only proved what we already knew. (Whoever requests the test has to pay, so there would be no cost to you.) Don't worry if a test is ordered. If he's proven to be the father the court will order support.

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There's already a support order out. He's doing a 60 day jail sentence for refusing to pay for 2 years.

You really have nothing to worry about then if you know he is the father. Either the court will uphold the AoP or will give way to a DNA test as requested, which by your accounts he will turn out to be the father.

He will firstly have to successfully challenge the AoP which "after the 60 day period expires, an acknowledgment of paternity may only be challenged in court on the basis of fraud, duress, or material mistake of fact, which must be established by the challenger through clear and convincing evidence. An order for support shall not be suspended during the period of challenge except for good cause shown." 23 Pa.CS § 5103

If successful, than a court ordered DNA test is likely to take place. He is not necessarily required to pay for it initially and it will take place.

"If the court or domestic relations section orders genetic testing, the domestic relations section shall pay the cost of the test, subject to recoupment from the alleged father if paternity is established." 23, Part V, Ch. 43, SubCh. C, § 4343

As for the "age of accountability", what is probably being contested in the "age of majority". "The age of majority for substantive purposes in civil matters remains twenty-one" Sutliff v. Sutliff, 528 A. 2d 1318 - Pa: Supreme Court 1987

"A person is not sui juris at any age less than 21 full years, regardless of his physique, mentality, education, experience or accomplishments." Pincus Estate, 378 Pa. 102 - Pa: Supreme Court 1954

Yes I know I have nothing to worry about. We decided to not pay a lawyer to go to the hearing. I just wanna see if he'll have to go through hell to get a test since he's put me through hell the last two years. And if they deny his request. Well, I'd be a little tickled inside because he didn't get what he wanted. If he gets a test, He is still gunna bail out on my daughter like he's done several times.
Obviously if they grant one, I'm not going to try to appeal it.
I'm being petty. I know and understand this. I should be the better person, let him do it and get this dumb stuff over with. but it's just so harrrdd!!!
But I'm coming to better terms with just walking in and telling the judge to give him one. Slowly but surely.

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 :-(

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Quoting lynohio

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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 :-(

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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

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Quoting lynohio

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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 :-(

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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?)

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Quoting aschrader228

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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?)

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

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Quoting lynohio

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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..

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He signed an AoP

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

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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.

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Quoting Dogmatique

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Highly unlikely - I'm sorry.

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

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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.

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Quoting Dogmatique

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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.

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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.

Custody and support are totally separate matters. You cannot make someone be a part of your child's life no matter how hard you try.

The law of the land is that both parents must financially support the child.

If he choses not to see the child it doesn't let him/her off the hook.

The custodial parent needs that money to support the child regardless. Do not agree to waive support!!!

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Quoting lynohio

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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 :-(

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Lyn, she told us that the father did "sign a paper". The non-court DNA tests are not admissible in court. It sounds like dad is trying to dis-establish paternity to get out of child support, dad needs it to be an approved DNA test.