??? Regarding DNA Test!

Child lives in Nevada

I had a DNA test done to prove I am the bio father of my son. I did not inform the mother. I plan to try and get full custody of him as soon as possible (money). My question is - Will the DNA test hold up in court, since it was not court ordered? The results came back 99.99% probability of paternity.

Also, after I petition the courts for custody, how long does it usually take to get a court date?
What happens if the mother doesnt show up at court?

[I AM ALWAYS LIABLE]

[QUOTE][i]Originally posted by madfire [/i]
[B]Child lives in Nevada

I had a DNA test done to prove I am the bio father of my son. I did not inform the mother. I plan to try and get full custody of him as soon as possible (money). My question is - Will the DNA test hold up in court, since it was not court ordered? The results came back 99.99% probability of paternity.

Also, after I petition the courts for custody, how long does it usually take to get a court date?
What happens if the mother doesnt show up at court? [/B][/QUOTE]

My response:

No.

A "private DNA test" does not carry any weight in a courtroom, under Evidentiary laws and rules. The Evidentiary rules require a proper, and known, "chain of custody" of the DNA samples being used. The samples must be retrieved, examined and tested, by a disinterested third party, under court order.

DNA tests can only be ordered by a court ruling, for such results to have any "legal weight" for a judge to use in the decision making process.

It can take anywhere from a few weeks, to a few months, to get a court date and a hearing. It all depends upon your jurisdiction and how congested the courts are with other people's matters.

Assuming the mother has been served with a Summons and order to appear, if she fails to appear with the child at the appointed time, without sufficient, legal reason for non-appearance, a Bench Warrant for her arrest will be issued, and she will be brought before the judge for swift, and sure, punishment for failure to obey the court order to appear, in the first instance.

IAAL

[QUOTE][i]Originally posted by I AM ALWAYS LIABLE [/i]
[B][QUOTE][i]Originally posted by madfire [/i]
[B]

My response:

No.

A "private DNA test" does not carry any weight in a courtroom, under Evidentiary laws and rules. The Evidentiary rules require a proper, and known, "chain of custody" of the DNA samples being used. The samples must be retrieved, examined and tested, by a disinterested third party, under court order.

DNA tests can only be ordered by a court ruling, for such results to have any "legal weight" for a judge to use in the decision making process.
[/B][/QUOTE]

IAAL, if the test was done through a hospital and he initiated it because the mother is now denying him his rights which she acknowledged in the past?



Here is his first post of the 11th of Nov.madfire
Junior Member

Registered: Nov 2000
Posts: 4
I need some advise. I have a 6 yr old son. I was never married to his mother. They live in Nevada, I live in Chicago, IL. We have never went to court for visitations or child support. Normally if she needs anything, she calls, I send it. Until just recently, she would send him to stay with me for a few months at a time. Now he is no longer staying with his mother. Him and his sister both are staying with their aunt (for the past 3 months). She will not even let me talk to him. And I have no way to get a hold of his mother. I feel if he isnt living with his mother, he should be with his father. Does anyone have any advise. I dont know how to prove that he is staying their. Help!!

[I AM ALWAYS LIABLE]

My response:

The key phrase is, "under court order". When the DNA was done, it was not done under court order. The court has no assurance, or controls, in that instance, about who's DNA was being tested, where the samples came from, and whether or not there might have been contamination of the samples.

So, when a DNA test is performed WITHOUT a court order, any results are anecdotal and for personal reference only.

It is not the court's problem that this gentleman can no longer find his child. But, when he does, he can file an immediate action in court to obtain the proper orders.

IAAL

Will his initiating court action for paternity be looked upon favorably by the court? I know that with my sons father he was listed on the BC and he could have acknowledged paternity in court and the blood tests would not have been ordered by the court. But he denied paternity so we had to have the blood tests done.

[I AM ALWAYS LIABLE]

[QUOTE][i]Originally posted by LadyBlu [/i]
[B]Will his initiating court action for paternity be looked upon favorably by the court? I know that with my sons father he was listed on the BC and he could have acknowledged paternity in court and the blood tests would not have been ordered by the court. But he denied paternity so we had to have the blood tests done. [/B][/QUOTE]

My response:

I'm sorry, LadyBlu. Perhaps it's because it's still early in the morning for me, and I'm waiting for the coffee to be brewed - - but, what are you trying to say?

If requested withing the first 2 years after birth, a father has a right to a DNA test - - court ordered - - despite the fact that the father signed the b/c. It's not a matter of "favorably". It's a matter of "right".

Gee, I hope I understood your point. Now, if you don't mind, I'm going to have some coffee injected directly into my blood stream. Be back in a few minutes.

IAAL

[QUOTE][i]Originally posted by I AM ALWAYS LIABLE [/i]
[B][QUOTE][i]Originally posted by LadyBlu [/i]
[B]Will his initiating court action for paternity be looked upon favorably by the court? I know that with my sons father he was listed on the BC and he could have acknowledged paternity in court and the blood tests would not have been ordered by the court. But he denied paternity so we had to have the blood tests done. [/B][/QUOTE]

My response:

I'm sorry, LadyBlu. Perhaps it's because it's still early in the morning for me, and I'm waiting for the coffee to be brewed - - but, what are you trying to say?

If requested withing the first 2 years after birth, a father has a right to a DNA test - - court ordered - - despite the fact that the father signed the b/c. It's not a matter of "favorably". It's a matter of "right".

Gee, I hope I understood your point. Now, if you don't mind, I'm going to have some coffee injected directly into my blood stream. Be back in a few minutes.

IAAL [/B][/QUOTE]

LOL, SOrry for the confusion IAAL, my situation was totally diferent from this one, my sons father did acknowledge paternity(not in writing) and so did his parents up to the time the child was 6mos old, then his new wife wouldnt allow him or his parents(GP) to have anything to do with the child. It didnt go to court order until my son was 11yrs old. The court still allowed him to deny paternity at that time. Even though when my son was a year old I had initiated a suit for support and he was arrested and held in contempt of court for not appearing in court and then for not submitting to the blood test. I should have won by default but the judge called me and told me that he personally felt that if it were his kid and that was the father he wouldnt want his child knowing it..


Soo, back to the original post by madfire my ??? to you, (which probably got turned all around as I havent had much to eat or drink the past few days and need a funnel to force caffeine into my system to enable me to think properly) If he is the one that initiates the Establishing paternity to the court in NV and does not deny paternity, and also based on the fact that she has allowed him to be active participant in the childs life up until now.. can he use that in his favor with the court? He has acted and been led to believe he was the childs father for 6yrs. So the 2 yr period is up in his case right? He would be considered the father without the DNA.

[I AM ALWAYS LIABLE]

[/B][/QUOTE] He has acted and been led to believe he was the childs father for 6yrs. So the 2 yr period is up in his case right? He would be considered the father without the DNA. [/B][/QUOTE]

My response:

I cannot answer because we don't know if he lived with the mother at the time of child's birth. The 2-year limitation assumes that one is living with the mother at the time of birth. If he wasn't, then the 2-year period does not apply. He may, in the absense of living together at time of birth, request a DNA order at any time during the minority of the child.

Since the court does not have any competent information (court ordered blood or DNA tests) with which to make a determination (because there appparently were no previous court orders in place), a DNA test can and will be ordered and, if shown to be his child, the rest of the orders will then be made (support, visitation, etc.).

Gee, I wish posters would use the same, damn, threads OR give us the same background info in a current thread. It would have been nice to have had the information from his earlier post, in the post that I responded to. Some of the information that I discussed would have changed, or have a slightly different "bent" to it. But, I'm not going to bounce around the boards looking for prior posts. So, I'm done with this writer.

IAAL

[QUOTE][i]Originally posted by I AM ALWAYS LIABLE [/i]
[B][/B][/QUOTE] He has acted and been led to believe he was the childs father for 6yrs. So the 2 yr period is up in his case right? He would be considered the father without the DNA. [/B][/QUOTE]

My response:

I cannot answer because we don't know if he lived with the mother at the time of child's birth. The 2-year limitation assumes that one is living with the mother at the time of birth. If he wasn't, then the 2-year period does not apply. He may, in the absense of living together at time of birth, request a DNA order at any time during the minority of the child.

Since the court does not have any competent information (court ordered blood or DNA tests) with which to make a determination (because there appparently were no previous court orders in place), a DNA test can and will be ordered and, if shown to be his child, the rest of the orders will then be made (support, visitation, etc.).

Gee, I wish posters would use the same, damn, threads OR give us the same background info in a current thread. It would have been nice to have had the information from his earlier post, in the post that I responded to. Some of the information that I discussed would have changed, or have a slightly different "bent" to it. But, I'm not going to bounce around the boards looking for prior posts. So, I'm done with this writer.

IAAL
[/B][/QUOTE]

Well I feel really bad about it because I may have given him the wrong information previously if this is the circumstances..

Sooo, madfire: ... please disregard my previous replies to your first post of the 11th and go with the info posted here by IAAL.
I apologize for any misconceptions.
Since you had already initiated the DNA testing it would have been irrelevant anyways.

Sorry for all the confusion.
I know the first thing the courts order is a paternity test. I was just trying to get the first step done. It was done by DNA Diagnostics Center. The hospital took the blood. The take a picture of the alleged father and the child. They claimed that courts would allow it.
When my son comes to visit I never know if this will be the last time I see him or not, so the last time he was here I had it done. I didnt have the money to get a lawyer and go to court. The test you can make payments on.
Since I know for sure he is mine, can I sign a voluntary acknowldgement of paternity or is that where you were saying it has to be done before he is 2.