Paternity has been established, can the father request another test?

Question

A court ordered paternity test has already been established for my child, but now the proven biological father, is requesting through his mother, that I take another paternity test for our daughter. He has never seen her, helped support her, and claims he wants no rights/ obligations to our child and wont refer to her as his baby. We have court in October to set up child support, and I know he will try to fight paying for her. He is married to the woman he was dating before me (but he did NOT get married until after we separated- I was around 1 month pregnant). He claims to her to have never slept with me while we were dating, and has thus far stuck to this lie. In his attempt to continue this lie, he has allowed his wife to call me stating he is not the father and such. The paternity test has already proven him to be 99.99% the biological father. Can he force me to take another test or request another test be done when we go to court? If I agreed to it willingly, could he then use it against me in court and claim I am unsure of the test results being accurate?

Answer 1

You should take the test results with you, say 'paternity has already been established, and I have no reason to doubt these results. Another test will take time and waste the court's time. However if your honor thinks it necessary I will allow 'child's name' father to have another test done.'



If the test was done by a reputable company there is no reason to do it again. (An online test does not count).



Be sure to continuously refer to him as 'child's father.' Request back child support.



Also, get a restraining order on his wife, that crazy beyatch should not be calling you and harassing you. Not your fault she married a man whore.



Add: sometimes the police say you can't do something because they don't want to have to do the work. You CAN file restraining order for harassment. Talk to a lawyer if you can, they will get it done for you.

Answer 2

No, he can not force you to take another test and whether or not you willingly agree to take another one, it's nothing he could use against you in court. I'm sure court officers are used to all kinds of dead beat dads trying to make up stories about how the baby isn't theirs. If the court ordered test already established paternity then he will be ordered to pay support, end of story. It's too bad you have to deal with such a jerk. Good luck to you :)



P.S. - If I were you, I would not agree to another test - there is just no reason for it.

Answer 3

Bring the original test results with you to court... if the test was court ordered, and paternity has already been established, the lie that he didn't sleep with you isn't going to hold up for long. If he insists on another test, it isn't your uncertainty that would require the test- it's his... Your certainty in the matter will be obvious in Court. But if the test was court ordered, I don't see how he could dispute it... and I don't think that the court will humor him- if I was the judge, it would seem to me like he just didn't want to pay child support. And if they do humor him with another test... you already know what the results will be, and another test is going to make him look like a fool- not you. Either way, he will end up being ordered to help with support.



Good Luck to you!

Answer 4

He can ask but i highly doubt that any judge would make you have it done,it would be a complete waste of time and money since it has been proved already that he is the father,as for his wife well she can say whatever she wants but the court are only interested in facts and the fact is that he is the father and he has to pay child support whether they like it or not,personally i can't stand women who stand up for a man who has abandoned his child,she is obviously incredibly blinded by him and i would seek to get a restraining order to stop her calling you,your daughter is none of her business as it is quite obvious that he has no intention of being a father to her.

Answer 5

I doubt that he can force you to take your daughter in for another paternity test when one has already been done.. I would assume a judge would almost find that laughable! It's going to look like he is just trying to put it off. Those tests are highly accurate and I think he'll be denied. I wouldn't even do it willingly... why waste your money and/or time?

Answer 6

Don't bother with that. Just get court over with and receive child support. They know and HE knows he's the dad. He probably just wants another test so he can try and fake it (use someone elses blood or hair or whatever).



he can't fight paying it; the courts will make him. They probably deal with a lot of losers like him.