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Need help getting a court ordered paternity test done

Prairie Du Sac, WI |

my husband signed a birthcertficit an now shes sayen its not his baby we wanted a dna test done went to do it an pay for it an the mom wouldnt let the child get it done so they said we needed to get a lawyer an have it court ordered to get it done we are a very poor family with kids of are own cant afford one we really need help he does not see the child an he pays almost 400 a month in support the lil girl has disabilities an custyod was given to her aunt with out my husbands permision were tryen to find some one to help us in this case

Attorney Answers 3

  1. If he signed an acknowledgment of paternity, he is presumed to be the legal father. He will need to file a motion to reopen the paternity judgment and this is not always very easy to do unless f the biological father can be found and adjudicated the father.

  2. If he signed he is likely out of luck unless he can prove he was fraudulently induced to sign; otherwise, he only have a limited amount of time to get a test which has passed.

    If he wants to see the child, he needs to file a motion for placement or visitation.

    In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.

  3. I respectfully disagree. If you just found out that she is now saying it is not his, then you do have a change of circumstance. You can file in the paternity case for modification based on this. Unfortunately, you will need an attorney to get you through the paperwork required to do so. It is not likely that you will pull this off yourself.

    Worse yet, if you know it now and do nothing you will soon lose your chance to file.