Paternity question

[rslaght]

What is the name of your state? Wisconsin

I am posting a new thread like someone suggested.

My sister dated 2 men at the same time- duh..Well she ended up pregnant and left both men when she had her baby the first man was DNA tested and he was not the father eventually she ended up dating the second man again and he chose not to have paternity testing done as the first man was not the father and they eventually married and he signed all documents saying he was the father. Now the first man has come back around saying he is the father and wants another DNA test done and is threating to take the child away. Does anyone know can he legally get another DNA test after he has been excluded as the father? Any help would greatly be appreciated.

 

[gobonas99]

Why is the first guy saying he wants another test done? Does he think that there was some kind of fraud involved? Was the first test done by a court order?

I would think that if the first test was done through a court order, the only way he would be able to get a second test done would be by proving fraud in the administering of the initial test. However, if the first test was not done through a court order, I have heard that courts do not always accept all DNA tests done (ie home testing kits). So, a court may very well order a new DNA test to be performed, even though her current husband (the other guy) has acknowledged paternity.

JMO - maybe BCB or IAAL or one of the other lawyers who frequent this board may be able to shed more light on the subject.

 

[rslaght]

The test was done by court order. He has at times said that he did not take the test that he sent his brother so that means he would have commited fraud- my sister does not care at this point even if he did commit fraud and send his brother her child has had a good father for the last 5 years and does not think it is fair that he could step into her life now. I was just curious to know if the courts could legally make them have another test done when he has already been excluded, I do not know if he is going to tell the courts that he sent his brother or what he is going to say or why he is going to ask for another, my question was just can they legally make my sister and her child do another DNA test when a court ordered one was already done? Hopefully someone can answer this question..Thanks for your response

 

[skyy]

Wow...that has to be difficult for them.

I haven't checked your states time limit for paternity acknowledgement yet. (I'm trying to figure out where to start.) Has the man who claims to be the biodad ever been involved witht he child?

I would think that they (courts) would heavily frown on the first man committing fraud and basically abandoning his potential child allowing the next person to fill the responsibility. I would think that even if it is the first man's child that your sister may be able to have her husband adopt the child and legally be his anyway. I believe there are cases where paternity was signed (by affidavit) and later found to not be the biological father, but because so much time had passed, the man was now the father in the eyes of the law.

Is it possible he's just trying to cause problems between your sister and her husband?

 

[rslaght]

No the first man has never been in the childs life. He saw her once right before paternity testing when she was about 3 months old and then the other day he showed up at her Pre-K school and tried to talk to my sister but other than that he has never had a relationship with the child. My niece would never know who he was. The first man we will call him (Jerk) wants my sisters husband to take a paternity test to prove he is the father and my sister and her husband do not want to because just in case maybe he did send his brother- my sisters husband does not care if he really is not the father or not on paper he is her father and has been her father for the last 5 years and they just don't think that anyone should be able to take that away. I just can't seem to get answers from atty's or anywhere if there is a statue about this..If anyone could find anything out please let me know..I would love to be able to help my sister and her husband get answers on this, they are scared to death at this point. Yes I do believe he could just be doing this to cause problems between her and her husband. The first man (Jerk) has alot of money and has recently divorced himself so maybe he is just lonely now and needs some excitment in his life, but it is still a scary situation when it is your family involved. Thanks for any information anyone can give.

 

[skyy]

I've come across a couple websites about paternity in WI like
http://www.cffpp.org/legal/wi_dane_en.html

I haven't found anything under paternity fraud (since this is what Jerk is claiming on himself.) performed by the man. The only thing I've found is offering the father who signed the affidavit 60 days to change his mind/contest paternity and contacting a lawyer afterwards. The other sites are about women who try to trap a father.

Personally, I think that even if Jerk is the father, he needs to step aside and let her dad be her dad since he gave up this right years ago by not taking the test himself. Of course, if by some minor miracle he is found to be the father and allowed to participate, his back child support will be very high.

I do think things will work in their favor.

 

[nextwife]

I'm not an attorney, but one would think that his DNA test of five years ago legally established that he is not the father. If he chose at that time to commit fraud, that is his problem, and should a DNA test NOW prove he IS the father, wouldn't he owe five years of back support?

If your sister had relinquished her child for adoption, and he had relinquished his rights, based upon his own DNA test, would he now expect to go to the adoptive family five years later expecting to disrupt the adoption due to his own fraud? I, too, believe the courts would frown upon upsetting the present situation in that case. Had someone ELSE lied to deny him paternal rights, it might be a different story. The DNA test results, whether accurate or not, are due to his own actions, and hopefully, should be left alone. And is it really important anymore, at this point, whether he is the biodad? Your sisters husband IS now the father.

 

[Boxcarbill]

What is the name of your state? Wisconsin

I am posting a new thread like someone suggested.

My sister dated 2 men at the same time- duh..Well she ended up pregnant and left both men when she had her baby the first man was DNA tested and he was not the father eventually she ended up dating the second man again and he chose not to have paternity testing done as the first man was not the father and they eventually married and he signed all documents saying he was the father. Now the first man has come back around saying he is the father and wants another DNA test done and is threating to take the child away. Does anyone know can he legally get another DNA test after he has been excluded as the father? Any help would greatly be appreciated.

The first guy is out of luck. He is out of luck for many reasons but the first reason is that he took a DNA test which excluded him. Even if it were true that he sent his brother (extremely unlikely), no one get to perpetrate a fraud on the court and then gets to ask for the court to grant relief for that fraud. Boyfriend number one needs to move. This is over.

Wisconsin Statutes

767.48(4)
(4) Whenever the results of genetic tests exclude an alleged father as the father of the child, this evidence shall be conclusive evidence of nonpaternity and the court shall dismiss any paternity action with respect to that alleged father. Whenever the results of genetic tests exclude any male witness from possible paternity, the tests shall be conclusive evidence of nonpaternity of the male witness. Testimony relating to sexual intercourse or possible sexual intercourse of the mother with any person excluded as a possible father, as a result of a genetic test, is inadmissible as evidence. If any party refuses to submit to a genetic test, this fact shall be disclosed to the fact finder. Refusal to submit to a genetic test ordered by the court is a contempt of the court for failure to produce evidence under s. 767.47 (5). If the action was brought by the child's mother but she refuses to submit herself or the child to genetic tests, the action shall be dismissed.


767.62(1)
(1) Conclusive determination of paternity. A statement acknowledging paternity that is on file with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive determination, which shall be of the same effect as a judgment, of paternity.

 

[rslaght]

Thank You!

I just want to Thank Everyone for there responses, I have relayed this information to my sister and she said to Thank everyone as you all have lifted weight off her shoulders and she will now proceed with an attorney. Thank You all again..

 

[rslaght]

Update on situation

Just wanted to give everyone who so kindly shed some light on this topic an update. I spoke with my sister the other day and she informed that Jerk did obtain a attorney and an attorney did take his case and the police did show up to serve her papers on this and she was not home just her husband was home, she did contact the court house to ask what the papers were and the courts did tell her that he suing her for paternity. Wait till you hear this: His defense is that yes he frauded the system by sending his brother but that my sister knew all along that he did that and still had her husband sign the BC so he is claiming she frauded the system as well. I just can not believe an attorney would take this case on and proceed with a defense like that. Well we will see what happens when she is reserved the papers.

 

[skyy]

Wish your sister good luck!

 

[PoohBear8]

it is my understanding that when someone goes to have dna testing done, they have to provide proof of their identity...your sister may want to go to the courthouse and pull the file to see if there are any papers signed by the "jerk" or his brother pertaining to the testing...hopefully she has something with his signature (court papers she was served, maybe) to compare to...
good luck

 

[rslaght]

The day of the DNA test they were suppose to meet at the hospital with the child present and also the child support agency was suppose to be present on the day of the test the child support coordinator came up to my sister and said JERK will not be attending my sister was in shock and the coordinator informed my sister that his lawyer petitioned the court a couple hours prior to the test and asked that JERK take the test in another county hospital because he was working out of town...UH HUH...My sister did ask at the time how anyone would know that he took the test and she was informed the hospital would take a picture of him when he took the test...So when the test came back that he was not the father the coordinator called my sister in to her office and showed her this mini picture smaller than a drivers license picture that was black and white..My sister said I guess it looks like him. His brother and him are on like a year apart in age..She said it was very hard to tell but she figured if he was that concerned with being the father then I guess she would have to trust that was him. Nothing was ever signed by him at all.

 

[rslaght]

UPDATE! and some HELP!

Okay here is the update on my sisters case: His attorney refiled the papers because the original papers were done in the wrong county. So new papers are being filed, Get this they are filing criminal law suit against my sister for frauding the system, there defense is this: That my sister knew he did not take the test and she frauded the system by having her husband sign the paternity agreement saying he was the father. WHAT??He commited fraud by sending his brother, not sure if he is ommitting he sent his brother or what..This is so confusing. So now my sister is being charged with criminal charges and he is asking for another paternity test he is saying that he is the father and he knows he is. COME ON..It has been 5 years. Even if he did send his brother don't you think the court is going to look at this and say this child has had a loving father for the last 5 years..Isn't it what is in the childs best interest and I do not believe letting this guy step in after 5 years even if he is the BIO dad would be in the best interest of the child. Any input would be great. I am ready to pull all my hair out with this..I hope this make senses as I am very upset right now..

 

[djohnson]

Does your sister have an attorney? The burden of proof is going to be on him. What kind of documentation could he possibly have to prove that she knew. Even if she knew later what could she do about it. I think he is in more trouble and getting himself deeper. If for some reason he is found to be the father he can get visitation or something. Ofcourse he will owe back CS and be in a lot of legal trouble first. He has to be off his rocker. Please keep us informed.

Just a question, does anyone know how close DNA is when testing brothers? I know it's different but would it be close enough to detect that in the results? Would the exclude number be higher and the include number be lower? Just curious.