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Can paternity test continue if I (the father) took the exam but the child's mother did not take the child to get tested?

New York, NY |

I was required to do a DNA test in NY. I did the exam. The mother did NOT take the child to do the DNA test in Nevada. The case was dismissed. I was told she can never question paternity again. Now that she is back getting TANF, I received another letter requesting my presence in court for child support. Can they do this? She missed FOUR court dates and never got the child tested and the case was dismissed.

Attorney Answers 2


  1. You should not ignore a court petition. Retain local counsel to represent you. If there was no test taken by the mother and child, then another petition is possible. If the case was dismissed without prejudice, then a new one can be filed. If it was dismissed with prejudice, then it is final.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. If the prior petition was dismissed without prejudice, then it can be re-filed. Moreover, it appears the prior petition may have been filed by her & the current petition filed by DSS. Assuming so, there has additionally been a change of parties. That said, for a full assessment, I'd advise to schedule a consultation with a NYC Family Law attorney.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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