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How do I get a court to order a paternity test on my potential dad as an adult?

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bigheadnick

Junior Member
No, you don't have a good reason. At all. Re-read the bolded portion.

Incidentally, even IF the court allowed the petition and even IF the court ruled that this guy needs to comply, it WOULD NOT compel him, or his doctors (and really, how on earth would you verify that?) to release the medical information.

End. Of. Story.
"this complaint" which is why I pasted it, in an attempt to explain that this complaint (the one you linked) is different from what would be mine. I wouldnt ask for any money. ONly thing I'm asking for is knowing who my father is and as far as theyre concerned a valid reason would be medical. Because evidently emotional scaring isnt valid even though people routinely sue for faux emotional distress.
 


bigheadnick

Junior Member
What if its negative? Have you considered the possible effects on not just you, but him and your mother?
If its negative atleast I know its not him, but living 10 minutes away from a guy who could be my father and never finding out for sure is like a carrot on a string. I would rather eliminate him as a candidate and be done with it than have that carrot waiving indefinitely. I guess u just cant understand unless you're in the same shoes.
 

Pinkie39

Member
And now for the CORRECT information pertaining to Mas. New York case law has absolutely no relevance whatsoever.

http://masscases.com/cases/sjc/420/420mass735.html
Yes, I know it has no relevance. I just brought it up, because other posts were suggesting that no where in the U.S. is it possible for an adult child to bring a paternity action against a possible father. So, is NY state the only state where it can be done? Just curious.
 

Proserpina

Senior Member
Yes, I know it has no relevance. I just brought it up, because other posts were suggesting that no where in the U.S. is it possible for an adult child to bring a paternity action against a possible father. So, is NY state the only state where it can be done? Just curious.

You could always Google the other 49 states ;)

It's important to remember that all else being equal, Alleged Dad's rights trump OP's rights. There is no compelling need here; "I need to know" isn't going to wash. Mass. has made this explicitly clear when we're talking about an adult child suing for paternity.

Even if Alleged Dad was ordered to comply, what can they do to Alleged Dad if he refuses to comply? They cannot and will not strap him down to a gurney and force the issue. There won't be a warrant. He won't be fined.

In the usual paternity suit, the male can be held to be the father by default and enjoy all the rights and responsibilities that entails.

In this circumstance, what will it accomplish? He's not going to be owing or paying child support. He won't be forced to hand over medical records. It won't help the OP at all and the State has no dog in the fight either.
 

bigheadnick

Junior Member
Yes, I know it has no relevance. I just brought it up, because other posts were suggesting that no where in the U.S. is it possible for an adult child to bring a paternity action against a possible father. So, is NY state the only state where it can be done? Just curious.
No its not the only one, As it turns out I can do it here in massachusetts, the issue now becomes can I give the court good enough reason to push it forward. I say I can , others disagree. Personally I think the moment the 2 of us are in court the judge is gonna see us and give me the verdict and order the test.
 

bigheadnick

Junior Member
You could always Google the other 49 states ;)

It's important to remember that all else being equal, Alleged Dad's rights trump OP's rights. There is no compelling need here; "I need to know" isn't going to wash. Mass. has made this explicitly clear when we're talking about an adult child suing for paternity.

Even if Alleged Dad was ordered to comply, what can they do to Alleged Dad if he refuses to comply? They cannot and will not strap him down to a gurney and force the issue. There won't be a warrant. He won't be fined.

In the usual paternity suit, the male can be held to be the father by default and enjoy all the rights and responsibilities that entails.

In this circumstance, what will it accomplish? He's not going to be owing or paying child support. He won't be forced to hand over medical records. It won't help the OP at all and the State has no dog in the fight either.
Actually the state does have a dog in the fight. And this is what I'm afraid of but may actually be what makes it happen but let me stress I dont want it to go this way. We were welfare kids growing up. My mother got cash benefits from the state which means that if they establish paternity, they would probably chase him for back child support which would be owed to them not me or my mother but them because when ur on cash benefits they become the child support and any child support gleaned from the father goes to the state. So yes I think they have a very big dog here.
 

Proserpina

Senior Member
No its not the only one, As it turns out I can do it here in massachusetts, the issue now becomes can I give the court good enough reason to push it forward. I say I can , others disagree. Personally I think the moment the 2 of us are in court the judge is gonna see us and give me the verdict and order the test.


I really hope you're kidding - for your sake.

If you're actually serious, you're in for a very nasty surprise.
 

Pinkie39

Member
And the privacy of the defendant is a farking joke compared to the weight of this in my opinion. His privacy lol as if I'm asking him to pull down his pants and replace his walls with glass panes. I mean seriously. A cotton swab in your flipping cheek is not the same as getting violated for crying out loud. Where is the common sense here? He knows he was with her at the time, she know she was with him at the time, he acknowledges our resemblance but "oh no dont you dare ask me to swab my cheek, I feel so violated! What could possibly make you expect me to take a paternity test?" I have my privacy you know!" Its a joke is what it is being played on me.
I have a niece and nephew, cousins, who look a whole lot alike. But they are no bio relation whatsoever. Niece is my bio sister's daughter. Nephew is my adoptive sister's son. Just looking alike doesn't prove that they share dna. My dad used to say that when my adoptive sister was a baby, strangers would comment on how much she resembled him, not knowing she was adopted. And my 5 bio siblings and I all look different, despite having the same parents. Different hair and eye colors, facial features, heights, weights, hair textures. My son and daughter have the same father, but don't look much alike at all, other than hair and eye colors.

I wouldn't get so hung up on physical resemblance, in proving that this man is your father.
 
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No its not the only one, As it turns out I can do it here in massachusetts, the issue now becomes can I give the court good enough reason to push it forward. I say I can , others disagree. Personally I think the moment the 2 of us are in court the judge is gonna see us and give me the verdict and order the test.
Dude, your going to do more harm then good. Look at this as if it was one of your kids....If one of your boys wanted a DNA test when they were 33yrs old and it came out negative....How would you feel after acting as a 'father figure' for them for that long?
 

Proserpina

Senior Member
Actually the state does have a dog in the fight. And this is what I'm afraid of but may actually be what makes it happen but let me stress I dont want it to go this way. We were welfare kids growing up. My mother got cash benefits from the state which means that if they establish paternity, they would probably chase him for back child support which would be owed to them not me or my mother but them because when ur on cash benefits they become the child support and any child support gleaned from the father goes to the state. So yes I think they have a very big dog here.


You're absolutely wrong in this case. But you go right ahead. Spend your money, and start writing that sincere apology to Alleged Guy for wasting his time.

(You might want to save up for paying his attorney fees, too)

:cool:
 

Proserpina

Senior Member
I have a niece and nephew, cousins, who look a whole lot alike. But they are no bio relation whatsoever. Niece is my bio sister's daughter. Nephew is my adoptive sister's son. Just looking alike doesn't prove that they share dna. My dad used to say that when my adoptive sister was a baby, strangers would comment on how much she resembled him, not knowing she was adopted. And my 5 bio siblings and I all look different, despite having the same parents. Different hair and eye colors, facial features, heights, weights. My son and daughter have the same father, but don't look much alike at all, other than hair and eye colors.

I wouldn't get so hung up on physical resemblance, in proving that this man is your father.

Exactly.

Heck, that's at least part of the reason why the court WILL order DNA tests for a minor child. Because you really cannot count on physical appearance. Actually now I think about it, I think I look like Hugh Hefner. I should probably hit him up for paternity and the oodles of inheritance money with my name on it ;)
 

bigheadnick

Junior Member
You're absolutely wrong in this case. But you go right ahead. Spend your money, and start writing that sincere apology to Alleged Guy for wasting his time.

(You might want to save up for paying his attorney fees, too)

:cool:
"alleged guy" as if I have absolutely no reason t suspect this guy could possibly be my father. Like I just pulled some random dude out of thin air.
both have admitted the timeline (summer before I was born) - 9 months prior to april, you do the math
he has the same body type
same eye color
same hair color
i have an early receding hairline as he did when I was a kid
both have glasses
we think alike, he taught me chess, we have similar politics(last i spoke with him) both into scifi, computers other things
both have big flipping heads
similar facial features

Yeah I'm just making crass accusations with no reason at all. I'm just a jerk. wasting some random poor innocent guys time. Unbelievable!
 

Pinkie39

Member
Exactly.

Heck, that's at least part of the reason why the court WILL order DNA tests for a minor child. Because you really cannot count on physical appearance. Actually now I think about it, I think I look like Hugh Hefner. I should probably hit him up for paternity and the oodles of inheritance money with my name on it ;)
My husband's best friend is named Hugh Heffner (yes, really!). Maybe he's a long lost child of the famous Hugh also, ha, ha!
 

bigheadnick

Junior Member
Exactly.

Heck, that's at least part of the reason why the court WILL order DNA tests for a minor child. Because you really cannot count on physical appearance. Actually now I think about it, I think I look like Hugh Hefner. I should probably hit him up for paternity and the oodles of inheritance money with my name on it ;)
So you have the same body type , hair color, facial features and he and your mother have admitted they were together on or around the time of your conception?
 

bigheadnick

Junior Member
I can see coming here was a mistake. Its now just turning into a troll session. You're obviously biased in some way. My guess is you're bitter from getting hammered with child support. So because you're getting owned by your kids mother no one should know who their father is.
 
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