dna question

I need help! I have been named as the father of a child that I belive is not mine he is now 9 months old. I thought he was mine but I have reason to belive he is not, I have taken my end of the dna test to determine paternity, If I am the father I would be happy to take responsibility of the child.

My problem is, the mother refuses to take the test, but still claims that I am the father.

My qustion is, do I have a legal recourse? can I legally force her to take the test?

Please help, I need to take action before its to late and the courts oder me to take responsibility.

thanks
LennyBT

[usmcfamily]

The court CANNOT order you to take resonsibility UNLESS they prove you are the father of the child or if you have "assumed parental relation" by signing the birth certificate. As long as you raise the doubt of paternity they will ORDER her to take the DNA test and PROVE you are the father of her child.
Is there currently any court action to make you responsible (ie support case, etc?)?

Thanks for reply...I signed the birth certificate assuming that I was the father, but I am a reservist in the army, to assume responsibility of the child, for benefits etc. since I am not married to mother.

But when I asked her for the DNA she procrastinates and refuses to take the test. Then she said there was doubt, since she was raped just before we had relations, but she did not give me that info before I signed, she always led me to belive he was mine...
I would gladly take resposiblity, I want a child, but I want mine, I do not wish to be tricked, and lied to.

Can I force her legally? to take DNA?
LennyBT

[usmcfamily]

You need an attorney**************.now! That is the absloute BEST advice I can offer you for this situation**************.

Sounds like mom has a good idea the child isn't yours, too. Take usmcf's advice and see an attorney pronto. If you think you can't afford one, compare the cost to at least 18 years of support. Good luck.

[Shannon&Fuad]

If you believe that you are not the child's biological father and you have requested the mother to perform a paternity test but she refuses to do so, you will need to hire an attorney and have your attorney file a petition to overcome paternity. The mother of the child will then be ordered to perform a paternity test and paternity will be established. If you are proven NOT the biological father of the child, then request your attorney to do the following:
1. Disestablish paternity between you and the child.
2. Terminate all child support obligations and income withholding orders.
3. Satisfy all and any unpaid (delinquent, back) child support owed on behalf of the child.
4. Enforce the mother of the child to reimburse you for any monies collected from you for child support.
5. Remove your name from the birth certificate.
My fiance was in a simular situation and he believed that he was the child's biological father and he did not contest to the paternity when he was ordered to pay child support. Soon after he began his child support payments, the mother began to deny him any visitation with the child, and he then requested her to perform a paternity test in which she refused to perform. My fiance then hired an attorney and filed a petition to overcome paternity, and the mother was ordered to perform a paternity test. Within the next 3 months the paternity test was performed and he received the results proving him NOT the biological father of the child. His attorney then did the steps that I explained to you above, except he did not satisfy all and any unpaid child support and the Child Support Recovery Unit claimed that he was still a delinquent parent, so we filed a Nunc Pro Tunc to revise the order, and now all and any unpaid child support is satisfied, and we did that without an attorney. My fiances child support case is closed now and forever, and there is nothing besides public records to tie him to that child anymore. I know that I will never forget the phone conversation that I had when I was told that my fiance was not the father of a child that could have been his from an affair, I thank GOD every day! Well, if you have any questions or comments, you can reach me at my new address which is [email]shannonfuad@aol.com[/email] Thank you and I hope that my advice will help you in some way. Shannon