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  1. #1
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    Jul 2010
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    Default DNA Test Proved I Am Not Father, but Mother Sues Again for Paternity, Child Support

    Back in 2003 I had a DNA test done which proved I was not the father. Now 7 years later the mother had me served again with a private attorney for child support and paternity testing. I contacted her attorney and he stated that she feels the testing was not done properly.

    If I have already been proven to not be the father what are my legal rights? Do I have to go through the testing again or can I just ask for dismissal?

  2. #2
    Join Date
    Jan 2006
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    Default Re: DNA Test Proved I Am Not Father, but Mother Sues Again for Cs and Paternity Testi

    You can ask for a dismissal. You will need to provide the court results of the previous test to support your claim of it already having been adjudicated. Unless the mother can support her claim the test was flawed or invalid for some other reason, the courts should dismiss her suit.

    your previous test was a court ordered test and performed by a court authorized facility, right?

  3. #3
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    Mar 2005
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    Michigan
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    Default Re: DNA Test Proved I Am Not Father, but Mother Sues Again for Paternity, Child Suppo

    Quote Quoting crimsonride
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    Back in 2003 I had a DNA test done which proved I was not the father.
    That was through a court, or are you talking about a private test you performed without the formality of a paternity action?

    What state is involved?

  4. #4
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    Jul 2010
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    Default Re: DNA Test Proved I Am Not Father, but Mother Sues Again for Cs and Paternity Testi

    The previous test was court ordered through Georgia Department of Human Resources. Can I get the case dismissed before I go to court?

    Quote Quoting jk
    View Post
    You can ask for a dismissal. You will need to provide the court results of the previous test to support your claim of it already having been adjudicated. Unless the mother can support her claim the test was flawed or invalid for some other reason, the courts should dismiss her suit.

    your previous test was a court ordered test and performed by a court authorized facility, right?
    The test was court ordered and was conducted through Georgia Department of Human Resources Office of Child Support Enforcement.

    Quote Quoting aaron
    View Post
    That was through a court, or are you talking about a private test you performed without the formality of a paternity action?

    What state is involved?

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: DNA Test Proved I Am Not Father, but Mother Sues Again for Paternity, Child Suppo

    What she feels is irrelevant. It is what she can prove, or at least reasonably support that makes a difference. Unless she has some proof their tests were not dependable, I do not see why you would be subjected to such an action again.

    you have a reasonable basis to seek the dismissal. After that, it is up to the court and depending on how much time, money, and effort you want to put into it, it might be simpler to just go with the test if the court will not dismiss her suit.

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