Request for DNA Test

[Magi]

What is the name of your state?What is the name of your state?North Dakota

Does a man have the right to request DNA tests on both of his children that might not be his or at least one might not be his? What is the law while paying support then determining that both or one child is not his? Will the support continue based on him signing paterinity papers in the beginning? He has been divorced for over 4 years now and has had severe doubt based on the women's actions. What would a lawyer cost and how long does the process usually last if this is persued?

 

[Zephyr]

What is the name of your state?What is the name of your state?North Dakota

Does a man have the right to request DNA tests on both of his children that might not be his or at least one might not be his? What is the law while paying support then determining that both or one child is not his? Will the support continue based on him signing paterinity papers in the beginning? He has been divorced for over 4 years now and has had severe doubt based on the women's actions. What would a lawyer cost and how long does the process usually last if this is persued?

he has already agreed that he is the father of these children so before he really makes an ass of himself he may just want to do one of those at home dna tests.

 

[Magi]

Wasn't really the answer I was looking for. I looking for a legal answer that can give insight that is really needed. The possibility of the children not being his is great. Who really wants to pay for child support when the children aren't theirs?

 

[Zephyr]

then the dumbass should not have signed the paternity paperwork, the point is he can do it quitely without looking like an ass for wanting to get rid of his kids, then if the results come back and they are his, no one is the wiser. but if he wants to go ahead fine

 

[brisgirl825]

You got a legal answer. He has been established as the legal father. He will have a hard time in showing the court that it is in the child's best interest to deny them the only father that they have ever known.
If he wanted to contest paternity, the time to do it was when they were getting divorced. Certainly not 4 years later when the new lady has come along and he wants out of CS.

 

[CJane]

Even if he can prove he's not BIOLOGICALLY the father, he's going to have a very hard time convincing a court that he shouldn't still LEGALLY be the father. Especially if Mom is or has ever been on state-aid. In order to be removed as the legal father, it's very possible he'd have to 1) Prove he's not biologically the father AND 2) Find the bio dad so that the state can get support from him.

 

[Magi]

I realized I should claify the situation the man is in. First off, he signed the paternity papers after being told that he was the father. I feel he did the right thing since he wasn't under the impression that the child or children might not be his. After the divorce is when he found out that he might have been given false information. The court ordered joint custody and the father was able 2 C his children for a couple years after this. One day the mother decided that the father couldn't see their children anymore. The father requested to see their children but to no avail. This wasn't court ordered but was acted on the mother's sole decision. The father decied in the interest of the children he would accept the mother's actions and left well enough alone and continued to pay support. Well thats where we are at now with the father wanting to know if the children are really his. Another idea he has is terminating his parental rights since he doesn't get to see them and they have been calling another man "Dad" for quite some time now even they he never married their mother. As far as he is concerned, the children really never got to know him since the children were kept from him. Any adivce to add on to this situation would be helpful.

 

[CJane]

Any adivce to add on to this situation would be helpful.

The advice is that he should

1) not pursue DNA as it's not going to change his present situation anyway as he's still likely to have to pay support.

2) if he wants a relationship with these children, he's going to have to pursue avenues to have visitation enforced.

3) it's VERY unlikely that he will be allowed to terminate parental rights without a step-parent willing to adopt the children.

4) continue paying any court ordered child support because legally these are his children and he's obligated to support them.

 

[brisgirl825]

I realized I should claify the situation the man is in. First off, he signed the paternity papers after being told that he was the father. I feel he did the right thing since he wasn't under the impression that the child or children might not be his. After the divorce is when he found out that he might have been given false information. The court ordered joint custody and the father was able 2 C his children for a couple years after this. One day the mother decided that the father couldn't see their children anymore. The father requested to see their children but to no avail. This wasn't court ordered but was acted on the mother's sole decision. The father decied in the interest of the children he would accept the mother's actions and left well enough alone and continued to pay support. Well thats where we are at now with the father wanting to know if the children are really his. Another idea he has is terminating his parental rights since he doesn't get to see them and they have been calling another man "Dad" for quite some time now even they he never married their mother. As far as he is concerned, the children really never got to know him since the children were kept from him. Any adivce to add on to this situation would be helpful.

Dad is the legal father, and has to abide by the CO to pay support. He has the option to enforce visitation, it's his choice.
Adoption may be possible but only if mom and SD are willing to do so.