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Astrolink

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

I'm curious of opinions on a case I read on another board. If the attorneys feel this type of post creates too much clutter, please state as such, and I will refrain in the futue. Here are the facts:

Mom and dad live together for 9 years, and were never married. They have a 8 year old, and dad signed the birth certificate long ago.

Mom left the relationship for another 9 months ago, and moved 2 1/2 hours away. Both parents decided the 8 year old would stay with dad, and he is currently seeking primary physical custody via the courts.

Mom claims she is 100% sure the 8 year old isn't his, and it can be proven by DNA analysis.

From what I've read in the past, it would be far too long for the dad to object to paternity, but will a judge typically honor the request for DNA from the mom in a custody case?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? NE

I'm curious of opinions on a case I read on another board. If the attorneys feel this type of post creates too much clutter, please state as such, and I will refrain in the futue. Here are the facts:

Mom and dad live together for 9 years, and were never married. They have a 8 year old, and dad signed the birth certificate long ago.

Mom left the relationship for another 9 months ago, and moved 2 1/2 hours away. Both parents decided the 8 year old would stay with dad, and he is currently seeking primary physical custody via the courts.

Mom claims she is 100% sure the 8 year old isn't his, and it can be proven by DNA analysis.

From what I've read in the past, it would be far too long for the dad to object to paternity, but will a judge typically honor the request for DNA from the mom in a custody case?

Not normally. It could happen but dad should immediately sue her for fraud if it comes back that the child is not his. Sue her for every dime he can prove he spent on said child.
 

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