Legal Question in Family Law in Kentucky
Illegally Obtained DNA
My ex husband and I divorced in 2004. A child was born into the marriage in 2003. He has only seen the child once in his life until 3 weeks ago. He met him and took him to the movies. While with him, he had a private DNA test done falsely signing papers saying that he had full custody of the child. The lab didin't even check to see if those papers even existed. I have sole custody of child. Always have. What do I do about this? Do I need to seek an attorney?
1 Answer from Attorneys
Re: Illegally Obtained DNA
When you say you have sole custody to an attorney, that means that there is a Decree issued by the court saying that you have sole custody. It does not mean that you have the child residing with you. So, if you are correct that a judge gave you sole custody, then what the ex did was improper and the court might hold him in contempt, though I expect it more likely they would just admonish him to not repeat such behavior in the future.
The next question, though, is what are the damages? Was the child injured? Are the results going to confirm he is the father? Were you injured? Is this a pattern of behavior?
Many questions go into deciding whether to pursue recourse through the courts and what that recourse might be. So, as to your question about seeking an attorney I would say that it would be wise to do so before taking any action through the courts.
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