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  1. #1
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    May 2018
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    Default Can You Get a DNA Test for an 11-Year-Old to Get Out of Paying Child Support

    My question involves a child custody case from the State of: Oklahoma

    My husband has an 11 year old that he doesn't think is his. He has been paying child support for 8 years, (they were together before that). If he asked for a DNA test now, what would happen if the child in fact doesn't belong to him?

    ETA: He signed an AOP when he was served with the child support papers, but he did not sign the birth certificate.

  2. #2
    Join Date
    Oct 2006
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    Default Re: Can I Get a DNA Test 11 Years Later

    Quote Quoting Viola_Maple
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    My question involves a child custody case from the State of: Oklahoma

    My husband has an 11 year old that he doesn't think is his. He has been paying child support for 8 years, (they were together before that). If he asked for a DNA test now, what would happen if the child in fact doesn't belong to him?
    Well, first, it would horribly traumatize the child. The child would be losing the person who has been their father all of his life...and he would eventually know that it was because his father didn't want to be his father anymore.

    Any good dad wouldn't dream of taking a DNA test to attempt to throw away a child who has been theirs for 11 years.

    However, reality is that after traumatizing the child like that, its likely that a judge would rule that it is far too late to try to disestablish paternity.

  3. #3
    Join Date
    Feb 2014
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    Default Re: Can I Get a DNA Test 11 Years Later

    Quote Quoting Viola_Maple
    View Post
    My question involves a child custody case from the State of: Oklahoma

    My husband has an 11 year old that he doesn't think is his. He has been paying child support for 8 years, (they were together before that). If he asked for a DNA test now, what would happen if the child in fact doesn't belong to him?

    ETA: He signed an AOP when he was served with the child support papers, but he did not sign the birth certificate.
    Oh well. Looks like your husband is Dad, no matter what he thinks, unless the biological father steps forth and, with the consent and participation of legal father and mother, they petition the court to remove legal father and establish biological father as legal father.
    http://www.okbar.org/members/BarJour...8520Keele.aspx.
    Don't make me quote Monty Python at you.

  4. #4
    Join Date
    Jan 2006
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    38,728

    Default Re: Can I Get a DNA Test 11 Years Later

    His chance to refute paternity was many years ago when he signed the AOP. He acknowledged his paternity by signing the AOP. If he believed he was not the father he should have required a dna test then.

  5. #5
    Join Date
    May 2018
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    7

    Default Re: Can I Get a DNA Test 11 Years Later

    Please note that my husband isn't trying to abandon the child. He wouldn't dream of it. He signed these papers with no guidance as a 19 year old and now regrets his decision because the child's mother is trying to take him for everything. I was trying to be discreet in my original post, but the child absolutely is not his as the mother was 6mo pregnant when they met. The child is the spitting image of the biological father. I appreciate your input, but I feel it is important that you know, no one is planning on throwing a child away.

  6. #6
    Join Date
    Jun 2006
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    Massachusetts
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    24,078

    Default Re: Can I Get a DNA Test 11 Years Later

    If he knows he isn't the father, he shouldn't have signed the AOP. It's too late to do anything now.

  7. #7
    Join Date
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    Lake Chapala
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    Default Re: Can I Get a DNA Test 11 Years Later

    Quote Quoting Viola_Maple
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    ...no one is planning on throwing a child away.
    If your husband goes through all the legal hassle (not to mention expense) of getting a DNA test, and in the unlikely event is somehow successful in getting his child support obligations removed, then being "thrown away" is exactly how the child will see it. In the equally unlikely event that your husband is allowed to see the child going forward, he can try to explain to the child that said child is not being "thrown away" 'til he's blue in the face, but it's highly doubtful he'll succeed.

  8. #8
    Join Date
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    Somewhere near Canada
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    Default Re: Can I Get a DNA Test 11 Years Later

    Quote Quoting Viola_Maple
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    Please note that my husband isn't trying to abandon the child.
    He's not?

    He wouldn't dream of it.
    He wouldn't? Is he dreaming of playing Daddy without having the responsibility?

    He signed these papers with no guidance as a 19 year old and now regrets his decision because the child's mother is trying to take him for everything.
    He was an adult who knew he wasn't the biological father. And by "child's mother is trying to take him for everything", do you mean "He was court ordered to pay CS and for <insert reason here> he didn't, and now he has to pay arrears", or "He was never ordered to pay support, but now Mom wants him to do the right thing and support his child"?

    I was trying to be discreet in my original post, but the child absolutely is not his as the mother was 6mo pregnant when they met. The child is the spitting image of the biological father. I appreciate your input, but I feel it is important that you know, no one is planning on throwing a child away.
    He's had 11 years to mull over his decision. Why now? What has changed?

  9. #9
    Join Date
    Mar 2016
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    2,289

    Default Re: Can I Get a DNA Test 11 Years Later

    Quote Quoting Viola_Maple
    View Post
    Please note that my husband isn't trying to abandon the child. He wouldn't dream of it. He signed these papers with no guidance as a 19 year old and now regrets his decision because the child's mother is trying to take him for everything. I was trying to be discreet in my original post, but the child absolutely is not his as the mother was 6mo pregnant when they met. The child is the spitting image of the biological father. I appreciate your input, but I feel it is important that you know, no one is planning on throwing a child away.
    Legally that child IS his and has been his for 11 years. Let's say somehow he gets things modified to where he no longer is legally the child's father and no longer has child support in the future (he will be responsible for everything up to that point). Guess what happens when legally he's no longer the father? That child is legally a stranger - and he has no rights to ever see the child again. So yes - he would be throwing a child away.

    He should have handled this 11 years ago. No excuses.

  10. #10
    Join Date
    Oct 2006
    Posts
    15,622

    Default Re: Can I Get a DNA Test 11 Years Later

    Quote Quoting Viola_Maple
    View Post
    Please note that my husband isn't trying to abandon the child. He wouldn't dream of it. He signed these papers with no guidance as a 19 year old and now regrets his decision because the child's mother is trying to take him for everything. I was trying to be discreet in my original post, but the child absolutely is not his as the mother was 6mo pregnant when they met. The child is the spitting image of the biological father. I appreciate your input, but I feel it is important that you know, no one is planning on throwing a child away.
    Ah, but yes he is intending to throw the child away. He should know that if he disestablishes paternity for child support purposes that it disestablishes paternity for ALL purposes. He is the only child the father knows. All that child is going to know is that his daddy didn't want to be his daddy anymore.

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