Legal Question in Family Law in California
DNA Test switched
9yrs ago I went to court w ex boyfriend to get child support for our then 8yr old daughter. He asked for a dna test. I agreed to take it. He said that his cousin worked for a lab in Long Beach that does this testing and she would set the appt. The results came back negative. Of course he was now off the hook for paying support. I knew then something was wrong and put the two together. I asked him for another paternity test and he refused. I confronted him w my suspicions which he denied. He recently spoke w my now 17yr old daughter and told her that his cousin switched blood specimen w someone elses. What legal steps can I take to get back support, sue the lab and his cousin etc
2 Answers from Attorneys
Re: DNA Test switched
That is one step you could take, you could also refile against the ex, as he committed a fraud upon the court, and you did not find out until now.
My office would very much like to help you with this, no one should get away with treating their child like a credit card debt.
Re: DNA Test switched
You may petitioner the court to set aside the previous order due to extrinsic fraud. That is a tough motion and you will need an attorney. Without research I cannot tell you whether I think it would be granted. Good Luck, Pat McCrary
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