Already proven not the father

[sylvie33]

What is the name of your state? NY

Back in 1993 my husband submitted to a DNA test ordered in court in Bergen County, NJ...at that time the DNA results came in and he was shown to not be the father. Last week he was ordered to appear in court for an issue of custody of the child (she was removed from her mothers home by DYFS) and he was listed in the papers as the natural father. Now, in 1993 the case was dismissed with prejudice....the mother of the child and her mother are now trying to petition the court for my husband to take another DNA test saying that he had someone else take it (meanwhile it's his photo, finger print along with the excessive security they had a the time of the test). She attempted to hit me as we were leaving the court room because I told her DNA doesn't lie. My question is that even though it was already dismissed 11 years ago can they make him take the test again and also he was considering doing this voluntarily just to resolve it......have any advise???

 

[BelizeBreeze]

get it over with and tell him to take the test. But stipulate that she is to pay for it. PERIOD!!!

 

[VeronicaGia]

What is the name of your state? NY

Back in 1993 my husband submitted to a DNA test ordered in court in Bergen County, NJ...at that time the DNA results came in and he was shown to not be the father. Last week he was ordered to appear in court for an issue of custody of the child (she was removed from her mothers home by DYFS) and he was listed in the papers as the natural father. Now, in 1993 the case was dismissed with prejudice....the mother of the child and her mother are now trying to petition the court for my husband to take another DNA test saying that he had someone else take it (meanwhile it's his photo, finger print along with the excessive security they had a the time of the test). She attempted to hit me as we were leaving the court room because I told her DNA doesn't lie. My question is that even though it was already dismissed 11 years ago can they make him take the test again and also he was considering doing this voluntarily just to resolve it......have any advise???

He needs to hire an attorney.

 

[Gracie3787]

If he cannot hire an attorney right away, he could try filing a pro-se Motion To Dismiss- claiming that issue of paternity/custody is res judicata. (already decided by prior court order and DNA results).

That may hold them off until he can get an attorney.

It sounds to me like the mother wants to get revenge and the State is playing along so that the child won't end up in the foster system AND the State can get money too.

 

[rmet4nzkx]

DNA test was in NJ now they are in NY, if mom didn't tell NY about NJ DNA test and dismissed paternity case, they are going to require a test, normally the mom pays if DNA proves the man not to be the father, make sure it is stipulated that she pays if he is proved not to be the father and also bring the results of the paternity test and court records.

 

[sylvie33]

Test was ordered through ny

The test had been ordered through NY, since my husband lived in NJ he was ordered to take the test in a lab in NJ. It was dismissed in NJ as well as in NY. Now my husband is trying to get a hold of the birth certificate as he believes he is named as he father on it even though he had no idea even when the child was born. The poor child is now 13 1/2 and hates the wrong person...if my husband was in fact the father he would have taken the child long before dyfs got involved. He is willing to take the test again and it is written that she would have to pay for it but as of yet we haven't heard anything....either it's due to the holidays or the state of NY is not willing to pursue it again. We live in NY now and she does have our address...this is my main concern because when we were in custody court she attempted to hit me when I told her DNA doesn't lie...as the police took her out of the building she said she has our address, I did contact our local police dept and they noted it in their system. Anyway, we would just like to get this matter behind us....we thought it was over back in 1993.

 

[rmet4nzkx]

You could get a protective order if she has hit you in the past and feel threatened owing to the situation. Also since the past DNA test was dismissed with prejudice and she is still maintaining your husband is the father, she could be sued for paternity fraud.

Too bad a child is in the middle of all of this.

 

[sylvie33]

The Child

Thats the saddest part of all of this, the mother and grandmother of the child are straight from Jerry Springer...this poor kid probably doesn't know up from down, and she has been lied to for over 13 years now...that is the reason why my husband wants to take the test again so we can avoid having her show up at our door one day only to be let down that she HASN'T found her father, it's a terrible situation and with having been put into a halfway house by dyfs for almost a year I think shes been through enough.

 

[sylvie33]

Now What??

It appears that NY will NOT reopen this matter of paternity as it has already been resolved back in 1994 and the courts questioned why she waited so long to have this issue addressed. The issue now is that it appears that my husbands name is on the birth certificate, she apparently had a friend go to the hospital and pose as my husband and put his name on the birth certificate. What steps should he take to have his name removed and is there any action he could take against the mother of the child for having his name forged on the document let alone any expense it is going to take to have it removed. Thank you for you help!!

 

[sylvie33]

Any Answers!!??

please read and let me know what we can do about his name being on the birth certificate after being proven not the father

 

[somedude]

fraud

Did he know that his name was placed on the birth certificate?? I am assuming this was an unwed situation, so would that even be allowed?? Someone mentioned this before, but wouldn't that also constitute paternity fraud?

If in 1994, he was proven not the father via DNA testing, why would he even need an attorney? If he is truly not the father, then why worry. Shouldn't he just take the test so she can she -- ONCE AGAIN -- that he is not the father?!

it sounds like this woman doesn't truly know who the father is and/or can't locate the other sperm donor.

 

[aliltweety27]

Maryland

My husband and I are going through the same thing you are. It was proven by DNA back in 94 that he was not the father of this womans child. Since then she has tried twice to go throgh social services for child support from my husband. The first time was in Prince Georges county and we didnt have to appear in court we just showed social services the DNA results. This time she went through West Virginia and they turned it over to P.G County and we have to appear next Tuesday. When I asked how she could keep doing this I was told she could do it as much as she wanted. I feel like she's protected and my family isnt. In the summons that we got on the paperwork from West Virginia it had all my husbands info. on it his social security number, present place of employment our address and get this how many children we have. If your thinking maybe her copy doesnt have this info. wrong. The papers even list her and her husbands social security numbers , their childrens and their birthdates. This lady is crazy she stalked my husband years ago. I dont trust her now she has all of our info. She did the same thing with the Birth Certificate. I just contacted the Department of vital records and was told if I sent them the dismissal from the courts proving he is not the father (it has to have the seal on it) they will remove his name. She named her son after my husband the only thing different is his middle name. Tuesday I hope her husbands there when we present the courts with the DNA papers that state this should have been over almost 12 years ago. I'm sure he doesnt there was already a DNA test done and if he does he's just as crazy as she is. Well Goodluck. Hopefully they will do something to stop this stuff from happening.