Legal Question in Family Law in Massachusetts
DNA testing
If a DNA test has proven a child is not mine and I have been ajudicated in court as the father can I be removed as the father and child support stopped for the child in question.
2 Answers from Attorneys
Re: DNA testing
Absolutely NOT. You are precluded from litigating the issue twice. you should have sought genetic testing in court. Blood-based tests of reasonable accuracy have been around most of the last twenty years, and cheek-swab tests for at least ten. Failing to contest the matter when you could have means that you are now done.
I deal with at least three kinds of fatherhood -- factual (DNA), legal (whether the law has proclaimed you the father in a proceeding that allowed you to protest and require evidence) and emotional (whether you develop a father/child bond). You have ONE here, and you can make it TWO by being the father who takes care of the kid. DNA isn't everything.
Re: DNA testing
Sometimes yes, sometimes no. You should contact an attorney to maximize your chance at prevailing.
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