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  1. #1

    Exclamation 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?

  2. #2
    Join Date
    Jul 2006
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    Florida
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    2,773

    Default Re: DNA Test Request After 2 Years

    Quote 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?
    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.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: DNA Test Request After 2 Years

    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?

  4. #4

    Default Re: DNA Test Request After 2 Years

    Quote 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?
    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.

  5. #5
    Join Date
    May 2008
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    582

    Default Re: DNA Test Request After 2 Years

    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.

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: DNA Test Request After 2 Years

    Quote 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.

    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?

  7. #7

    Default Re: DNA Test Request After 2 Years

    Quote 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?
    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.

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

  8. #8
    Join Date
    Jan 2010
    Posts
    25

    Default Re: DNA Test Request After 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

  9. #9

    Default Re: DNA Test Request After 2 Years

    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.

  10. #10
    Join Date
    Jan 2010
    Posts
    1

    Default Re: DNA Test Request After 2 Years

    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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