QUESTION
Is it true that a DNA test could not be taken because I signed birth certificate?
Asked on Mar 05th, 2014 on Child Custody - Ohio
More details to this question:
The mom said I was the dad and now she say that I am not but child support wants me to continue to pay for a child that may not be mine. If he’s not mine I want him out of my name. I want to know if I can get what I paid in child support back.
6 ANSWERS
If you do not believe the child is yours, even if you signed the birth certificate, in IL you have the right to request a DNA test.
Answered on Mar 11th, 2014 at 6:00 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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If you act right away and go back to court for a DNA test.
Answered on Mar 07th, 2014 at 6:43 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You probably can't get child support back, but you can make a motion to the court to order a DNA test based on the mother's statement.
Answered on Mar 07th, 2014 at 6:43 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally no refunds are available, or more practically, collectable. See an attorney.
Answered on Mar 07th, 2014 at 2:27 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to file a petition to determine paternity based on mistake. You can sue the mother for child support that had been paid previously, but it won't do you much good if she doesn't have any money.
Answered on Mar 07th, 2014 at 2:21 AM
Business Law Attorney serving Columbus, OH
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Robert A. Bracco & Associates
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It depends what jurisdiction you are in but if you signed a paternity affidavit you only have a certain amount of time to revoke it or it will be conclusive of paternity. However if it is only a birth certificate I would suggest filing a motion/complaint for paternity test based on facts recently discovered indicating you are not the biological parent.
Answered on Mar 06th, 2014 at 10:02 PM