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Dna testing wrong

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Moke13090

New member
NY. My daughter is 26. I never has a relationship with her. Her mother was looking for a Atm machine only. I paid my support till 21 years old. Had a court order DNA test when she was 7 months old. It came back 97.1 which my attorney told me to accept. The mother also has another daughter from my first cousin. For Christmas we all did the Ancestry testing.

My 1st cousin came back as my first, his daughter from my daughter's mother coming back as as my second cousin. My daughter did not take the test, she is not really part of the family. I always wondering if the DNA test was wrong. Our family carriers a very specific trait passed down 7 generations no matter what ethnicity it is mixed with. My1st cousins daughter has this trait, but not my daughter.

Last week my cousin gets a hint. My daughter took the test. She comes up as his daughter's sister, but no connection to me or my 1st cousin.

How accurate is Ancestry? Can I sue the state and paternity testing lab? Doing some research it seems in 1993 testing was done by hand. It should take 5 minutes to read a test, but the company admitted doing 2-4 tests in 5 minutes.
 


Moke13090

New member
I spent thousands between support and attorneys. 100k or more. Obviously she's not my daughter. It was always in question. The mother made this choice of no connection. She made it completely unbearable and I believe she knew in her heart she was not mine, I just had a bigger bank account, I have a feeling I know who the real father is, he OD on Heroine 3 years ago.
 

justalayman

Senior Member
I spent thousands between support and attorneys. 100k or more. Obviously she's not my daughter. It was always in question. The mother made this choice of no connection. She made it completely unbearable and I believe she knew in her heart she was not mine, I just had a bigger bank account, I have a feeling I know who the real father is, he OD on Heroine 3 years ago.
Actually, you made the choice of no connection. The courts specifically allow a parent contact with their child unless there are any of a limited number of reasons not to allow contact. You’ve not stated any reason the court would not order and enforce your rights to see your daughter.
 

Moke13090

New member
Documented 136 complaints with the police and 17 with the court. No one cared just made sure she got her 750.00 a week in CS. I really do not need to get into all of this. Lost work, extreme stress, attorneys all for nothing. She's not my kid. Never thought so as she did not carry the specific trait all 102 living family members have including her half sister. The paternity testing lab was wrong. I tried,but I do not need to explain why I should have made more effort to see a kid that was not mine. No guilt here, and this new info really solidifies that.
 

justalayman

Senior Member
Until the recent discovery, you did accept her as yours because you were not aware of the inherited trait lacking in the child. the state did and still does consider her to legally be your child.


As to the complaints or whatever: I presume you are speaking to some issues regarding visitation. Sorry but if you really wanted to see the child, it would have happened.


And if you paid $750/week, you surely had the means to hire a bank of lawyers to represent you. Money really does benefit a person in our courts. It sounds like you just didn’t care enough to make the effort to see the child.
 

Moke13090

New member
And you have never been to a hick town court which is presided over by a magistrate not judge. I had 11 attorneys as at first the award was 50.00 a week. I inherited a business and course was dragged back into court represented by the best attorneys from 4 counties. Over 30 visitation violations in one year. Answer, sorry nothing we can do, let's look at your support order again while your here regardless I am glad I stopped the pursuit when she was 11. No regrets, no remorse. It's kind of weird. If a man is convicted of murder and then released by DNA innocence do you believe he should still serve because someone HAS to take responsibility and he was already there serving and the court deemed him guilty?
 

justalayman

Senior Member
Parentage and murder are very different issues and the law treats them very differently. Only one is a crime.

If fraud was involved, it would be more similar to your murder comparison. As it stands, there was proof of parentage. The mother didn’t make it up. You acccepted the proof so you have no valid complaint.

As well, with a murder issue, the real perpetrator can stil be held accountable for the crime. With parentage, the laws don’t allow the state to now go after the biological father.

You accepted the title of father and are still legally the father.
 

commentator

Senior Member
Oh yes, I have been in hick towns and heard magistrates listen to people deny parentage back in the days when it was possible to deny it without DNA. And the question they'd ask was, "Are you denying you had sex with this woman, so there's NO possibility that this might be your child?"
A 97.1 percent chance this is your child does not sound like "OBVIOUSLY, she's not my child." And in many of those small town who's your daddy cases that I've seen worked out in my long years of life, this child turned out to look and act very much like this person who was reported to be the father and who thoroughly denied it. Also, I wonder about the accuracy of the current tests. They could be less than exact, too.

If you were in a small town, and everyone knew about your eventual coming into more money, increased ability to pay support, that was just a guarantee that you weren't going to be able to continue to pay the $50 a week forever. You were the foolish one who gave them this ticket in the first place. And there never was a case of "I couldn't be the father because I didn't have sex with her!" If this child's mother was at the same time in a relationship with a person who was a "heroine" addict, a needle drug user, it's a wonder, back in those days, you didn't get something much worse than a child from messing around with her.

I doubt if she would want to do any further testing that would show you were her father, which would certainly be required for you to sue anyone, since there is of course the possibility that the mistake was made this time, not during the 20 years ago test. And why should she? From the sound of it, you weren't really trying to get to have a relationship with this child or get to spend time with this child. You are just full of bitterness about having had some of your money taken from you. I also strongly suspect that all your issues with the mother in the court battles through the years concerned cash, not visitation. Not at all sure either of you missed anything by not getting some visitation or custody going. I also feel you are possibly a bit mistaken about how every single person in your family has this particular genetic marker regardless of what other genetic make up they may have, and the questioning of the supposed accuracy of a test done in a lab over 20 years ago. But you could certainly talk to an attorney about suing somebody here. Go for it.
 

stealth2

Under the Radar Member
I'm surprised that, with your zip code, you didn't end up in Onondaga County Supreme Court. That's where our divorce was heard - in Syracuse.... in the '90s...
 
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