dna

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

My baby's dad, my daughter and I were court ordered to do DNA on 1/10/12 at 1:15pm and i left at 1:25pm and he still had not shown up for the DNA. what can be done by me and the court for him being late or not showing up at all for the DNA and what will happened when i go back to court on FEB 22nd.

rebeccab13 said:

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

My baby's dad, my daughter and I were court ordered to do DNA on 1/10/12 at 1:15pm and i left at 1:25pm and he still had not shown up for the DNA. what can be done by me and the court for him being late or not showing up at all for the DNA and what will happened when i go back to court on FEB 22nd.

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If he did not get tested, it is possible that HE can be found to be the father by default.

Op, you only waited 10 minutes?

Did you contact him?

Why did you leave after 10 minutes?

i had arrived at 12:41pm and they said i could leave and the court corder said we had to be there no later then 1:15pm

also the lab had taken my daughter and i back to do the dna at 1pm bc we were there already.

rebeccab13 said:

i had arrived at 12:41pm and they said i could leave and the court corder said we had to be there no later then 1:15pm

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OG's response is correct.

But really - you left 10 minutes after the deadline? I dunno. Just seems a bit...well, I would've probably given him at least 15 mins, probably a half hour, afterwards to get his backside there.

But that's not legal advice, just my take. It wouldn't affect anything.

well the thing is there was only one way to go and i know what all there cars look like and i was going from saratoga springs to ballston spa and it was his birthday and he has never admitted to being the father even after i told him twice he was and he walked away. it took me about 5-7 mins just to leave the building so it was about 15 mins by the time i completly got out of there and there clock was about 3-4 mins faster then my cell phone.

Proserpina said:

OG's response is correct.

But really - you left 10 minutes after the deadline? I dunno. Just seems a bit...well, I would've probably given him at least 15 mins, probably a half hour, afterwards to get his backside there.

But that's not legal advice, just my take. It wouldn't affect anything.

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I'm not sure why it would matter.

Presumably, they swabbed the baby's cheek (or however they take the sample these days) and had the sample set aside. If Dad showed up, they could have taken his sample whether Mom was still there or not.

What "can" happen is that he can be declared to be the father based on his refusal to submit.

What almost definitely WILL happen is that he'll have to set up another appointment.

mistoffolees said:

I'm not sure why it would matter.

Presumably, they swabbed the baby's cheek (or however they take the sample these days) and had the sample set aside. If Dad showed up, they could have taken his sample whether Mom was still there or not.

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In some areas they require all parties to be present before they'll even start. If one party doesn't show, they won't do it - period. (At least the initial appointment...if there are repeated no-shows, obviously things change)

Just fyi.

well i was told that i did not have to wait for him and i only left 10 mins after the appointment because the court orders say "you must arrive at the lab on time on the above scheduled date or the court will be advised of your non-cooperation" also i would be amazed if he showed up at all. also will i find out on our next court date if he ever bothered to show up for the dna.

visitation

i found out from a friend that talked to my kids das that he was about 15 mins late for a court ordered DNA test. will the lab have to tell the court he was late and will this have an affect on him if he tries for visitation rights to her. also he has never made an attempt to see her she is already 18 months and by the time we go back to court she will be almost 20 months old. honnestly i would just prefer him to stay away and to sign over his rights but i dont think he would do it.

rebeccab13 said:

i found out from a friend that talked to my kids das that he was about 15 mins late for a court ordered DNA test. will the lab have to tell the court he was late and will this have an affect on him if he tries for visitation rights to her. also he has never made an attempt to see her she is already 18 months and by the time we go back to court she will be almost 20 months old. honnestly i would just prefer him to stay away and to sign over his rights but i dont think he would do it.

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If he's declared Dad by the court, he will have the right to see his child and the obligation to support her.

rebeccab13 said:

i found out from a friend that talked to my kids das that he was about 15 mins late for a court ordered DNA test. will the lab have to tell the court he was late and will this have an affect on him if he tries for visitation rights to her. also he has never made an attempt to see her she is already 18 months and by the time we go back to court she will be almost 20 months old. honnestly i would just prefer him to stay away and to sign over his rights but i dont think he would do it.

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Yes, that's very clear from your posts.

But the reality is that he cannot just "sign over his rights" whether you want him to or not.

He's going to get visitation and even partial custody if he wants it - time to face that.