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How can a man have the court establish paternity in a 2 year child support case

Austin, MN |

My cousin was ordered to pay child support of a child in 2011. He received a motion to go to court to address the child support. He requested a DNA test and he missed the appointment to take the test and the child support was ordered in by default because of his absence. 2 years later this child looks NOTHING like him and has serious questions about paternity. While he has paid child support he has had little to no contact with the child. I have advised him to revisit the paternity but he needs to know what steps if any he can take to address this issue. While I have suggested he get an attorney he cannot afford one. And his income is slightly higher that what is allowed for Legal Aid. What can he file pro se in order you address this issue?

Attorney Answers 4

Posted

He could or, you could make him a small loan now.

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Asker

Posted

Some attorneys reply because they like to give back. Some just to be a smartass. I'm pretty sure you're the latter

Lee Alan Thompson

Lee Alan Thompson

Posted

Sorry you feel that way. I was being serious actually. Finding an attorney that would be willing to work with him on fees wouldn't be real expensive. Please note I used the word "loan" not "gift" so no, I wasn't implying you just take care of it for him, just help get him started.

Posted

He needs to actually go through with DNA testing first of all. If it shows he is not dad, then he needs to make a motion in court to vacate the paternity order. And he needs to do all of this soon, because at some point the court cares more about finality of the order than getting the right guy as dad.

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Posted

Yes he can file pro se to file a motion to request the DNA test and to request he be declared not the legal father. As counsel stated, he will want to do this sooner rather than later.

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Posted

I'd say the odds of him getting an order removing his support obligation are zero. He was apprised of the support demand from the county back in 2011, and he challenged the presumption of paternity, but he failed to appear for the DNA test. That was HIS error, and he did nothing to correct it for 2 years? If I were the judge, I'd say B.S. to that - the court's order making him the father was entered 2+ years ago, he failed to challenge it even though he wanted to and knew how to do it, and he has left it alone all this time - too bad. The fact that he has had no contact with the child is irrelevant - support and parenting time aren't linked like that. He'll need a good attorney to convince a judge (maybe) to reopen the paternity issue.

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Asker

Posted

If he isn't the father, why force paternity on him? This is a legislative issue that should be corrected but many attorney's don't care to advocate because it comes down to dollars. The fact is this young woman could have simply put the child on the person she chose to. The court system never seems to want to correct the behavior of women who engage in this but want to FORCE a man to provide for a child based on a lie. And a DNA test will simply prove its a LIE. You'd say BS to that but some judges and attorney's who are more concerned about justice than having a retainer paid wouldn't. Some people are actually poor and aren't trained in jurisprudence procedures in their respective states where they will know what to do. But thank you for the non-answer anyways.

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