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  1. #1
    Join Date
    Aug 2018
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    137

    Default Should You Determine Paternity Through a Private DNA Test

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

    Ex wife texted me and said she and wife are willing to do a lab dna instead of having to go through court & lawyer payment. I accepted and paid for the dna. Results are in two weeks. How reliable is this? Why are they willing to do a dna if they are so sure im not the father? I had to serve wife papers and it look the idea was hers.

  2. #2
    Join Date
    Jun 2010
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    630

    Default Re: She Requested a Lab DNA Instead of Having to Go Through the Court

    They are hoping that when it shows you're not Dad, you'll finally drop the court foolishness. Because, really, we all know you're not the father. This would be a much more cost-effective solution.

  3. #3
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    Oct 2016
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    2,857

    Default Re: She Requested a Lab DNA Instead of Having to Go Through the Court

    It isn't like the family courts have their own DNA labs in the basement of the courthouse. There are many DNA labs (usually the same ones the courts use) that are completely capable of providing the required DNA testing along with the required chain of custody.

  4. #4
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    Oct 2014
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    Default Re: She Requested a Lab DNA Instead of Having to Go Through the Court

    Quote Quoting Back
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    My question involves a child custody case from the State of: NYc

    How reliable is this? Why are they willing to do a dna if they are so sure im not the father? I had to serve wife papers and it look the idea was hers.
    If the lab is one that is accredited by the U.S. Department of Health and Human Services (DHS) and the test done is of a type that DHS certifies as generally reliable then the results will be pretty reliable and would, if done with the proper chain of custody, be admissible in court. See NY Family Court Act § 532. If there is no match on such a test then you'll know you are not the father. As to why they are willing to do it this way, saving money and time comes to mind. If they know you are not the father and can prove it to you with the test, then that should end the matter as you would lose if you litigated for paternity in court.

    Quote Quoting PayrolGuy
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    It isn't like the family courts have their own DNA labs in the basement of the courthouse. There are many DNA labs (usually the same ones the courts use) that are completely capable of providing the required DNA testing along with the required chain of custody.
    But not all tests, even those done by accredited labs, would meet the requirements for admission. If you are doing the test outside the court system you need to arrange the test with the lab to ensure all the requirements to make the test admissible will be met. Otherwise, the lab may provide you results but not the other information needed to get it admitted. So if admission in court is the goal, not just any DNA test will do. Note, too, that it appears that in NY when the court orders the test the test results are sent by the lab directly to the court. I don't know what impact that might have on the court accepting tests done outside of court where the results were sent to one the parties rather than the court.

  5. #5
    Join Date
    Aug 2018
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    137

    Default Re: She Requested a Lab DNA Instead of Having to Go Through the Court

    We went to an accredited hospital and they send the testing to the lab. Once the results are in, they will call us to meet with the doctor who will tell us if Im the father or not. If results come back negative, we are dropping the case at the court. If the results are positive, I’ll continue with the case.

    How can we have it drop just in case im not the father? Does wife and mom has to come to court on that day?

  6. #6
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    Oct 2016
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    Default Re: She Requested a Lab DNA Instead of Having to Go Through the Court

    The logical place to have the test done is through one of the labs the court uses.

    If neither party is questioning the results from such a lab it will end there.

  7. #7
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    Oct 2014
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    Default Re: She Requested a Lab DNA Instead of Having to Go Through the Court

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    How can we have it drop just in case im not the father? Does wife and mom has to come to court on that day?
    If you were the one that filed the case, then one option is that you could file a motion to dismiss. You may want to discuss how to proceed with a lawyer if you don't have to ensure you don't trip yourself up on procedure here somewhere.

  8. #8
    Join Date
    Aug 2018
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    137

    Default Re: She Requested a Lab DNA Instead of Having to Go Through the Court

    Thanks. What you mean on a procedure?

    I already paid for the dna test. You guys telling me that is not admissible at court? We didnt do blood test, we did swab test. The child my ex wife and I. Meaning that wife is not bio mom as they said she was “biologically related to him”. So they lied on that. How can I trust them

  9. #9
    Join Date
    Nov 2015
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    Default Re: She Requested a Lab DNA Instead of Having to Go Through the Court

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    Thanks. What you mean on a procedure?

    I already paid for the dna test. You guys telling me that is not admissible at court? We didnt do blood test, we did swab test. The child my ex wife and I. Meaning that wife is not bio mom as they said she was “biologically related to him”. So they lied on that. How can I trust them
    This isn't complicated If you are having the wrong test performed and there no proper chain of custody it's likely that the test will not be admissible. You already have had this explained to you.

    WE know that you ex's wife is not biologically related. Everyone knows, unless she's blood related to you or her wife.

    The whole point of the test is to make trust not an issue. This is a concept that is completely foreign to you. None of you trust one another, you routinely violate the terms of the custody plans, don't pay your child support and make life hell (in my eyes) for your ex. That the consented to do this test is to their benefit. Once you are proven to not be the father any argument from you becomes irrelevant.

    Through all of your thread you demonstrate utter contempt for both you ex and her wife. You harass her, you violate contact orders and more. YOU are the common problem through all of this. I'm sure that you wear your ex down and that she also violates the various contact orders that you describe but it seems that all of it ultimately comes from you.

    I hope that, someday, she's well quit of you. I know I do.
    "Where do those stairs go?"
    "They go up!"

  10. #10
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    Oct 2016
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    Default Re: She Requested a Lab DNA Instead of Having to Go Through the Court

    By procedure, TM means a court procedure in filing the motion to dismiss. It has nothing to do with the DNA test itself or if it would be admissible.

    If the test show YOU aren't the father (and we know by being able to count that you aren't) it really doesn't matter who is at least not to you. We know that the same-sex wife is not a biological parent of the child and so does everyone else. So the only way she could be “biologically related to him” is if they used a member of her family as a sperm donor which sounds likely. That wouldn't even be unusual. I know a female same-sex couple where the brother of the non-carrying female as a donor.

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