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  1. #1
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    May 2006
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    20

    Default Disputing paternity once it is established

    In South Dakota how long before anyone can dispute a paternity that has been established?

    Just how accurate are paternity tests. What's the difference between a DNA and a genetic test?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: paternity

    A DNA test is a genetic test. A properly performed DNA test is very accurate.

    How was paternity established?

  3. #3
    Join Date
    May 2006
    Posts
    20

    Default Re: paternity

    Through a DNA test. But after aot of studying. I found out that the ompany that did the paternity test is small and privately owned and they send their samples elsewhere for testing. I thought about a second opinion. I don't know yet.
    I just don't understand it all, but I read somewhere that if you are testing 9 alleles you must have the mother. Well that was a motherless case and it came back 99.99. If you're testing up to 16 alleles then it could be more accurate without the mother. I read a sample report and with 16 alleles the man matched in some areas.
    Anyway, I'm still learning about all this. Any help you can give I'd appreciate it.

  4. #4
    Join Date
    May 2006
    Posts
    20

    Default Re: paternity

    Also another ?. If a paternity affidavit was signed BEFORE the DNA test can that DNA overrule the paternity affidavit?
    The paternity affidavit was left at the social services and they didn't send it because they needed 15.00. I don't know what ever happened to that paper, but I still have a copy.
    Can this whole situation be challenged after 4 years??

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: paternity

    You aren't explaining how you came to be legally recognized as the child's father.

    If you don't trust the paternity test, do another one. If you are the biological father, a court's not going to set aside the affidavit.

  6. #6
    Join Date
    May 2006
    Posts
    20

    Default Re: Disputing paternity once it is established

    Actually, I'm not the father but a female guardian. I am talking about my brother and another man. My brother was the person that signed the affidavit. But the paternity test showed the other man to be the dad. That was a shocker to us! Afterall, the mom of the other guy kept telling us that he was sterile and couldn't have children and the girlfriend says she wsa with him for 2 years and could not get pg. But dated my brother "a little while" and became pg.
    He did sign the affidavit before the test was even taken. Can we contest this?
    Thanks.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Disputing paternity once it is established

    South Dakota's statutes provide:
    Quote Quoting South Dakota Domestic Relations Code - Paternity Actions
    25-8-52. Rebuttable presumption of paternity--Signed and notarized affidavit.

    A signed and notarized affidavit of paternity creates a rebuttable presumption of paternity, admissible as evidence of paternity, and allows the Department of Social Services to proceed to establish a support obligation in accordance with the provisions of §§ 25-7A-5 to 25-7A-8, inclusive, without requiring any further proceedings to establish paternity.

    25-8-59. Actions contesting rebuttable presumption of paternity.

    Any action contesting a rebuttable presumption of paternity as established by §§ 25-8-50 to 25-8-58, inclusive, shall be commenced in circuit court either sixty days after the creation of the presumption of paternity or the date of any administrative or judicial proceedings relating to the child including proceedings to establish a support obligation in accordance with § 25-8-52, whichever occurs earlier, except in cases where there are allegations of fraud, duress, or material mistake of fact. In cases involving allegations of fraud, duress, or material mistake of fact, any action contesting a rebuttable presumption of paternity shall be commenced within three years after the creation of any presumption. The burden of proof shall be upon the moving party and the payment of child support, or any other legal responsibilities of the parties, may not be suspended during the pendency of the proceedings, except upon a showing of good cause by the moving party.

  8. #8
    Join Date
    May 2006
    Posts
    20

    Default Re: Disputing paternity once it is established

    So can you please break this down for me. I don't know what the social services did with that affidavit. It was signed by both parties and notarized also.
    Thanks.

  9. #9
    Join Date
    May 2006
    Posts
    20

    Default Re: Disputing paternity once it is established

    So can you please break this down for me. I don't know what the social services did with that affidavit. It was signed by both parties and notarized also.
    Thanks.

    PS. I'm still waiting for an answer on this. Can we contest this?

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Disputing paternity once it is established

    If you require the statutes to be explained to you, consider consulting a local family lawyer. I think, though, that if you take the time to read them carefully, you'll be able to understand them.

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