Legal Question in Family Law in California
Paternity Testing
In August of 1990 I took a paternity test with the son of my father. The test came back that he was not the biological father of my son. This could not be true because I did not have sexual relationship with anyone but him. Because we took a DNA test the judge ruled in his favor, and the case was dismissed with prejudice. I have tried to get the case re-opened because at the time of the blood draw I was in labor and had to leave and was not present at the time of sealing. I believe that he and the labatory technician tampered with the court evidence but the burden of proof now lies on me. Recently he was diagnosed with skin cancer and his brother died from cancer is there some way that I can have my sons case re-opened just based on those facts if the blood was not tampered with then the cancer caused a mutation in the blood. The biological father of my son is extremely wealth and a payoff is more likely to have occurred he has never payed child support. I have been countless attorney and given bad advice can you advise me of my options other than forget it.
1 Answer from Attorneys
Re: Paternity Testing
I'm not sure of the status of your case. You say "dismissed with prejudice", which would mean there was no entry of a judgment of non-paternity.
I suppose you could request reconsideration (if timely) of at least the "with prejudice" part, alleging the likelihood of fraud, etc. At the same time you would ask for an order that you be present at the next "draw" for testing.
DNA tests can also be somewhat skewered by not taking into account the parties' ethnic backgrounds and whether it is nuclear or mitochondrial dna being tested.
I think it's a long shot for you, but there are my thoughts.
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