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DNA proves child is not mine after 10 years. What is my legal action?


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#1 jbhandy

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Posted 07 January 2013 - 07:26 PM

I had a son with a woman whom I was never married to (or so I thought). Shortly after hes was born we stopped seeing eachother but I was getting visitation. She then moved out of state with him at 6 months old and did not tell me, I only found out after I was served with custody and support papers. After ten years of going back and fourth to court and agony of not seeing him regularly and no cooperation from her I found out he is not my child. The way I found out is thru a home dna test that we performed and sent off to a lab for testing, now I am aware that this is not admissable to court and a court ordered test will have to be done. His mother has contacted me and said that she does not expect anything more from me, but the court system has to clear me of the legal obligation. What steps do I need to take to get this process started? Do I take it to court on this reasoning or do I sign over rights? Also she has not sent him to visitation or allowed any contact for 3 years 1.5 of which I thought he was mine.

#2 LegalwriterOne

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Posted 07 January 2013 - 09:44 PM

Whether or not you can contest paternity at this late date is solely a matter of state law and you did not identify a state. I'd suggest you consult local counsel.

#3 pg1067

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Posted 08 January 2013 - 07:15 AM

In order for the court to have entered orders concerning custody, visitation, and child support, your paternity must have been established first. Your post doesn't address how that happened; you simply say that you were "served with custody and support papers." Apparently, a DNA test was not done at the time, so my assumption is that you simply conceded the point. In other words, I assume that the "custody and support papers" that were served on you alleged that you were the father and that you did not dispute that allegation (and perhaps you even affirmatively agreed with it).

In order to respond further, it would be helpuful if you would confirm or refute the above and identify the state in which the child was born and, if different, the state in which the custody/visitation/support order was entered.


I found out he is not my child. The way I found out is thru a home dna test that we performed and sent off to a lab for testing


Out of curiosity, why did you do this home dna test?


do I sign over rights?


I'm not sure what you mean by this. However, unless the mother is married and her husband is interested in adopting the child, there is no mechanism by which you can "sign over [your parental] rights."

#4 jbhandy

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Posted 08 January 2013 - 03:32 PM

I had a son with a woman whom I was never married to (or so I thought). Shortly after hes was born we stopped seeing eachother but I was getting visitation. She then moved out of state with him at 6 months old and did not tell me, I only found out after I was served with custody and support papers. After ten years of going back and fourth to court and agony of not seeing him regularly and no cooperation from her I found out he is not my child. The way I found out is thru a home dna test that we performed and sent off to a lab for testing, now I am aware that this is not admissable to court and a court ordered test will have to be done. His mother has contacted me and said that she does not expect anything more from me, but the court system has to clear me of the legal obligation. What steps do I need to take to get this process started? Do I take it to court on this reasoning or do I sign over rights? Also she has not sent him to visitation or allowed any contact for 3 years 1.5 of which I thought he was mine.

He was born in Tennessee which is where I live and she dissappeared with him to Illinois at 6months old, at which time I had no reason to believe he was not my child. Illinois managed to be deemed home state and that is where the custody and support have been set. I did the dna test because my wife and I were trying to have a child and had alot of trouble getting pregnant, and the fact that my son who I only saw twice in the prior year has no characteristics of me or anyone in my family. Now that I have had the dna test done his mother has admitted to me that there was another possibility of who his father is and she has told him that I am not his father. since this has been discovered I have been trying to get legal council and advice from several attourneys in the state of Illinois with no luck. Also I have no phone number or address to even contact him or his mother and havent seen or heard from them since I confronted her on the results of the dna test.

#5 LegalwriterOne

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Posted 08 January 2013 - 04:42 PM

Illinois does allow a complaint to dis-establish paternity under certain circumstances and within a specific time frame. I'd suggest you consult an Illinois attorney as soon as possible.

#6 pg1067

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Posted 09 January 2013 - 07:46 AM

So, it sounds like my assumption that you simply conceded paternity was accurate.

Depending on how long ago the finding of paternity was made, and depending on what documents you may have signed in connection with that finding, you may or may not still be able to seek an order to establish that you are not the father. I suggest you consult with a family law attorney in the area of IL where the court is located ASAP.

#7 FindLaw_Amir

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Posted 09 January 2013 - 08:08 AM

I agree with the previous poster, you may want to consult with a local Illinois Family Law Lawyer ASAP to address this matter. I also suggest you visit the Family Law Center as a good resource to learn more about this subject matter.
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