Legal Question in Family Law in Michigan
DNA Testing and Paternity
I was told I was a father in 1999, being unaware of the facts I believed the mother and signed waiver of a DNA Paternity test and made father of the child. As time has passed it has been brought to my attention, by numerous persons that I in fact not the father of the child, from comments the mother has given. I want to know if a DNA test can now be done to prove that I am on am not the father of this child, and what legal grounds I have in this situation. Please help.
2 Answers from Attorneys
Re: DNA Testing and Paternity
You can make a motion to the court for an order to provide DNA testing. Your request would be based upon fraud and misrepresentation. While you consented to establishing paternity if such consent was obtained by fraud you would have a good case to require testing. If you are proven not to be the father then another motion would need to be made to change the child support if any was ordered. If you have been ordered to pay child support you must continue to do so until the order is modified. If you can prove that the mother of the child intentionally defrauded you you may have an action against her to reimburse you for funds you may have expended for support and/or confinement costs. It would be adviseable for you to retain an attorney in this matter. You can contact your local county bar association for a referral. Good luck.
Re: DNA Testing and Paternity
Greetings; You have the right to ASK the court to require a DNA test. Unfortunately, you do not have an absolute right to this. Your success will depend on your argument. I have filed many such motions. Kindly give my office a call and I will get to work. 616-457-5100, thanks, Atty. Trichler; www.trichler.com
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