Contesting Paternity With A DNA Test After Signing Birth Certificate

divorce lawyer Daren NeelQuestion:

A man signed a Voluntary Acknowledgement of Paternity admitting he was the father, though a DNA test was never performed.

He is doubting the child is his and the child’s mother recently filed for child support.

Is paternity proven solely because he signed the birth certificate and the Voluntary Acknowledgment of Paternity or can he now request a DNA test to determine if the child is actually his?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Kentucky paternity laws where I am licensed to practice.

Generally speaking, when a father signs a Voluntary Acknowledgment of Paternity and signs the birth certificate, he is presumed to be the father. The court will not require a DNA test if the father is admitting paternity, which is what he does when he signs those documents.

The father can always ask for a paternity test if he has reason to believe that he is not the biological father, but since he has already admitted paternity, the court will likely require that he be responsible for the cost of said test. Courts generally also place a time limit on these tests.

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The father should raise his concerns that he might not be the father at the first court date possible. He should not wait until child support is set before raising his concern.

I would advise that he contact an attorney in his jurisdiction either to secure a paternity test or even for the child support hearing.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Louisville Divorce Lawyer Daren C. Neel, contact Cordell & Cordell.

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8 comments on “Contesting Paternity With A DNA Test After Signing Birth Certificate

    Okay If someone signs the birth certificate saying that they are the father of a baby and dhr tells them the mother cant go back and do a dna test to prove that they are the father is that legal or can they actually do a dna test! State is alabama Can anybody help me out cause im not sure on the laws in alabama….

    My name is Jerry I just went to court last month my ex-wife raise my child support due to the fact that I got remarried my wife today as a nurse I work in a Foundry we just took a DNA because I have always had a thought that this child may not be mine we met under wrong circumstances it was one of those convenient relationships not saying it was right nor wrong it wasn’t the best when we decided that it wasn’t working out we went our own ways I had moved to Indianapolis Indiana 5 months later I got a phone call at the age of 45 and said she was pregnant I being stupid said congratulations she advised me at that time that it was my child I agreed under one condition and she could move out to Indianapolis with me and we would try to work out a relationship and put things in the right perspective due to the fact we have a child on its way but in order to do that I wanted to have a DNA done she agreed when the child was born I just didn’t have it in my heart I looked at him and I just couldn’t do it even though in the back of my mind I had my thought my doubts my friends all told me I needed to do this but I didn’t we are married for about 2 years which was a disaster we got divorced I’ve been paying child support ever since about 30 days ago my wife and I at the time sat down and discussed our situation with my son I had advised her of the uncertainty of my son is he mind if she not he doesn’t look like me or anything I just had this feeling in my gut that something wasn’t right last week we went and did a DNA and just got the results the child is not mine now what where do I go from here who do I turn to my concern is my child who I assumed was mine and yes I signed the birth certificate at the hospital I question myself why did I do such a thing well like any other man I wanted to believe that the woman that was carrying this child that was supposedly mine was being honest that thing was she wasn’t I have been drug in and out of court for the last 10 years due to this individual this individual has kept me for weeks without seeing him because she was mad at me over something she has kept me from talking to him over the years due to the fact she was mad I never took her back to court I just dealt with it now that I’ve I’ve gotten remarried we decided that we were going to maybe even go after legal matters and try to get my son it’s a mess but I’m not sure where to go from here

    I just found out a child I been paying child support to is not my child years A DNA test confirm it what do I do know to clear my name

    i have similer situation i signed for a child at 15 and tryed a attorney paid $2000 15 years ago they only lowered the arears im still paying for this child at 50 years old just went to court in north carolina and the case is in conn takiing all my money after i pay the bills its not rite serching for help

    This case is disgusting. Get a paternity test no matter how much you feel the woman wouldn’t cheat on you.

    http://caselaw.findlaw.com/vt-supreme-court/1309168.html

    Supreme Court of Vermont.
    Dorothea E. O’CONNELL-STARKEY v. Gorden S. STARKEY.

    No. 05-166.
    Decided: November 30, 2007
    Present:  REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.Mark A. Kaplan of Jarvis and Kaplan, Burlington, for Plaintiff-Appellee. Marsha Smith Meekins of Roesler, Whittlesey, Meekins & Amidon, Burlington, for Defendant-Appellant.
    ¶ 1. Defendant Gorden Starkey appeals from a family court order requiring him to pay college tuition for Kristen O’Connell-Starkey.   In so requiring, the family court concluded that the latest amended divorce order was not ambiguous and found that, although it left the issue of college tuition open for contest, defendant had never contested it.   Therefore, defendant remained obligated under a previous agreement to pay 60% of the child’s college tuition.   We affirm.

    ¶ 2. The following facts are uncontested.   On June 5, 1985, plaintiff gave birth to a child while she and defendant were living together.   On November 28, 1986, the parties married.   In October 1993, when the child was eight years old, plaintiff filed for divorce.   In November 1993, the parties stipulated to a temporary child support order in which they agreed to share legal and physical parental rights and responsibilities.   That order established that the child was a child of the marriage.   On June 30, 1994, the family court entered a final order based on the parties’ stipulation.   The final order maintained the provisions of the temporary order.

    ¶ 3. In April 1996, plaintiff moved to Virginia and, pursuant to provisions made in the final order, defendant took sole physical custody of the child.   Plaintiff retained shared legal custody and visitation with the child during the summer.   In December 1997, defendant moved to modify the child support order, seeking child support from plaintiff because of her move.   The parties began negotiating an agreement regarding child support.   From a DNA test dated March 9, 1998, defendant learned that there was a 99% probability that he was not the child’s father.   Nevertheless, on March 25, 1998, the family court approved a stipulated settlement of defendant’s child support motion.   The settlement agreement contained no mention of the DNA test.   The amended order awarded child support to defendant, reduced plaintiff’s share of the child’s medical expenses, required both parties to maintain life insurance policies for the child’s benefit, and required defendant to pay 60% and plaintiff to pay 40% of the child’s college tuition, room, board, and fe

    Some of these women make it hard for a man to work,cause they are trying to get child support for a child that is not his,if a man wants a DNA test, let him get one

    I think it’s only fair that the courts do allow DNA testing even if he already sign the birth certificate, if the man assume he is not the father,a piece of damn paper shouldn’t determine that,1st of all he assumed that he was father,2nd how would he know if that woman didn’t cheat,so men should have all rights like women,no exception, if he’s willing to pay out his own pocket, who has the right to tell him know,that’s the dumbest law I ever heard of.

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