Baby ain't mine now what happens

[bdub25]

What is the name of your state (only U.S. law)? North Carolina is the state

Okay my girl gets pregnant. I thought it was mine. She has the baby and I sign off on the birth certificate and affidavit of parentage on 8-23-08. I take a home dna test and the baby ain't mine. I file a stop motion on the affidavit in the 60 day time period I have. My question is this...what if she doesn't come to court on the scheduled day? I mailed her the information stating the court date. She contacted me acknowledging the letter however I sent it registered mail and have not received the confirmation but I know she has it. What can I do if she doesn't show up in court?

 

[Ohiogal]

What is the name of your state (only U.S. law)? North Carolina is the state

Okay my girl gets pregnant. I thought it was mine. She has the baby and I sign off on the birth certificate and affidavit of parentage on 8-23-08. I take a home dna test and the baby ain't mine. I file a stop motion on the affidavit in the 60 day time period I have. My question is this...what if she doesn't come to court on the scheduled day? I mailed her the information stating the court date. She contacted me acknowledging the letter however I sent it registered mail and have not received the confirmation but I know she has it. What can I do if she doesn't show up in court?

If you can prove service, you ask for a default judgment stating that you are NOT the father of the child. If you can't prove service, you ask for a continuance until service can be perfected. OH and a HOME DNA test isn't worth squat.

 

[LdiJ]

If you can prove service, you ask for a default judgment stating that you are NOT the father of the child. If you can't prove service, you ask for a continuance until service can be perfected. OH and a HOME DNA test isn't worth squat.

Yep...you can expect the court to order a new DNA test unless mom agrees that the child is not yours. Even then the judge might decide to order a new test.

 

[bdub25]

If you can prove service, you ask for a default judgment stating that you are NOT the father of the child. If you can't prove service, you ask for a continuance until service can be perfected. OH and a HOME DNA test isn't worth squat.

I know a home dna test will not hold up in court but are you referring to the results not being worth squat either? I mean the website I ordered the test from said it was accreditted and the results were 99.9 % accurate.

 

[LdiJ]

I know a home dna test will not hold up in court but are you referring to the results not being worth squat either? I mean the website I ordered the test from said it was accreditted and the results were 99.9 % accurate.

Its still possible for it not to be accurate, because the samples could have been tainted when not done in a sterile, lab setting. Odds are that its accurate, but its not certain.

 

[Ohiogal]

I know a home dna test will not hold up in court but are you referring to the results not being worth squat either? I mean the website I ordered the test from said it was accreditted and the results were 99.9 % accurate.

The results are not worth squat either quite frankly. Not to the court. You need to convince the court to order to order a NEW DNA test at an accredited, court accepted lab where chain of custody can be established. So what was the chain of custody EXACTLY of your sample?

 

[>Charlotte<]

So what was the chain of custody EXACTLY of your sample?

DNA Tests 'R Us.com--->Bdub25--->Bdub25's toilet--->Neuse River--->Atlantic Ocean

 

[Ohiogal]

DNA Tests 'R Us.com--->Bdub25--->Bdub25's toilet--->Neuse River--->Atlantic Ocean

Hence the problem with the results.