Could this Work?

[randomguy33]

My buddy was deployed overseas and came back for his mid tour leave and allegedly had sex with a female, after the one night stand he was gone for another 10 and a half months. When he came back about one month later she got into contact with him through a third party saying that he was obviously the father, a little bit later in the conversation she admitted that she thought it was another man and had him tested him first. he turned out to not be the father so she claimed that it had to be him.

Now after a year of ignoring the situation (I know he was dumb for doing that) he received a letter in the mail from the department of human services saying that he was past due in paying his child support and that in the next 20 days they will suspend his license.

He now plans to go fight it and brought up some of his legal questions which I really don't know the answers to but they seem to sound solid in their logic.

Now heres my questions:
1. when he goes to the hearing and is given the option/order to submit to a DNA test can he refuse on the grounds of the 4th and 5th amendment.
the 4th being that he has the right to be safe in his person in its entirety (blood,semen,saliva,etc.)
the 5th being that he has the right to not give the court any evidence that may be viewed as incriminating.

2. Knowing that the burden of proof is less in this court system (meaning that it basically takes the woman saying he did it) wouldn't him saying he didn't do it or she is just focusing on him because he has a decent revenue and she is just fishing for a baby daddy to be her bastards revenue source be sufficient for the case being thrown out especially if he refused to submit to a DNA test.
Now apparently if "you" do refuse the DNA test that the judge has ordered he can keep you in jail until you submit to the order.
-What's the longest can he keep you there?

3. If he does get taken to holding "jail" for refusal to submit to the test and is held there for lets just say a few days before he goes back to see the judge
could he not just sue the judge for being false in his office (overlooking the 4th and the 5th ) and thereby overthrowing his decision to keep him in holding because at that point it became a civil matter and a judgment could not be entered against him by that official?

-Can he demure when the judge asks how he pleads?
-Now he is aware of the newspaper serving technique and realizes thats probably how this got this far without him actually being summoned to court.
-Also from his knowledge he is not on the childs birth certificate simply because the woman didn't even know his name.
-Can he also argue that the child is the responsibility of the state and not his, since they have legal right to the child visa vi the birth certificate devoid of his name?
-With the above stated are you not innocent until PROVEN guilty?
-Oh yeah, this guy is planning on doing all of this Pro Say (don't know if thats how its spelled)

4 What are possible outcomes for this situation, are there any places I can refer him to on this matter?

Honestly I think this dude isn't the dad but he refuses to just take the DNA test on the principle of it and saying that their are a growing number of fraudulent cases by the day through DNA testing and will not be Part of a broken system any more.

Again any advice would be greatly appreciated in this matter

 

[Disabled Vet]

Wow, does he fully understand what the military could do>

 

[randomguy33]

no he's in the guard.

 

[mightymoose]

If he is still in the military his best option is to bring this up to his chain of command and get legal counsel. It won't cost him a dime, but may cost him if he doesn't.

 

[mightymoose]

Now heres my questions:
1. when he goes to the hearing and is given the option/order to submit to a DNA test can he refuse on the grounds of the 4th and 5th amendment.
the 4th being that he has the right to be safe in his person in its entirety (blood,semen,saliva,etc.)
the 5th being that he has the right to not give the court any evidence that may be viewed as incriminating.

Short answer is no, not at all. This is a matter of civil law.

2. Knowing that the burden of proof is less in this court system (meaning that it basically takes the woman saying he did it) wouldn't him saying he didn't do it or she is just focusing on him because he has a decent revenue and she is just fishing for a baby daddy to be her bastards revenue source be sufficient for the case being thrown out especially if he refused to submit to a DNA test.
Now apparently if "you" do refuse the DNA test that the judge has ordered he can keep you in jail until you submit to the order.
-What's the longest can he keep you there?

That is likely up to the judge as it is a contempt issue.

3. If he does get taken to holding "jail" for refusal to submit to the test and is held there for lets just say a few days before he goes back to see the judge
could he not just sue the judge for being false in his office (overlooking the 4th and the 5th ) and thereby overthrowing his decision to keep him in holding because at that point it became a civil matter and a judgment could not be entered against him by that official?

No... suggesting this is a clear sign your friend needs an attorney yesterday.

-Can he demure when the judge asks how he pleads?

He wont be asked that.

-Now he is aware of the newspaper serving technique and realizes thats probably how this got this far without him actually being summoned to court.

No telling... but if he was on top of things he would know the answer to that already.

-Also from his knowledge he is not on the childs birth certificate simply because the woman didn't even know his name.

That is not important. Many fathers are not listed on birth certificates. That doesn't mean they can't be held responsible for the child.

-Can he also argue that the child is the responsibility of the state and not his, since they have legal right to the child visa vi the birth certificate devoid of his name?

He could certainly argue that, but he would be laughed at. An attorney would keep him from doing such things. Surely he realizes that "the state" is every other person in the state. Why should everyone else take care of his child?

-With the above stated are you not innocent until PROVEN guilty?

He isn't being charged with a crime.

-Oh yeah, this guy is planning on doing all of this Pro Say (don't know if thats how its spelled)

No, that is not how it is spelled. Again, a good indication that he needs a lawyer yesterday.

4 What are possible outcomes for this situation, are there any places I can refer him to on this matter?

Other outcomes include that he is determined to be the father and ordered to pay support. On the plus side he would be allowed visitation with his child.
A good resource to refer your friend to is any competent attorney.

Honestly I think this dude isn't the dad but he refuses to just take the DNA test on the principle of it and saying that their are a growing number of fraudulent cases by the day through DNA testing and will not be Part of a broken system any more.

He is wrong. A DNA test will definitively determine whether he is or is not the father of the child. It sounds like he is just young ans scared of being responsible for his actions.

 

[Proserpina]

Sure he can refuse to submit to a DNA paternity test.

And he will likely then be found to be the father - and thus financially responsible - by default.