Custody vs. DNA Test HELP

[rodeocowboy4ev]

I am a single father of two little boys and have custody of then through court rullings. My ex-wife has come to me and said that my oldest son may not be mine due to her fooling aroung at the time he was conceved and she wants a DNA test done. If the DNA test is done and it comes back to this other guy being the BIO-FATHER does this terminated my custody and my perental right to him due to me not boing the bio and she wants him. He has been in my care and i have provided for him and have been there since the day he was born and my name is on his birth certificate. I live in california and she lives in missouri. he is 3 years old and my life...please help...i cant afford an attorney and am holding 2 jobs to support them

 

[irish223]

I don't think you have anything to worry about, although it may depend on where your orders originated, CA or MO.

Generally, she cannot initiate the paternity proceedings. Only you or the man who wishes to challenge paternity can file for that. So, if she plans to do it on her own in order to regain custody of the 3 year old, I think she's out of luck.

If the other man wishes to file, he may or may not be able to file. It will depend on whether or not he knew 3 years ago that the child may be his.

Even if he qualifies to file under the time limitations, I think it's doubtful that the DNA test will be ordered. You are and have been the legal father of the child for 3 years, and the courts generally prefer to preserve that relationship as it's in the best interests of the child.

IF someone files, get an attorney and request that the petitioner pay your legal fees.

 

[Duranie]

I would ignore her and stop discussing this. At this point it probably doesn't matter what the DNA test says. You are the legal father and the window to challenge this has likely passed. She is just doing this to irritate you and stir the pot.

So you have custody of 2 very young children it sounds like? In what state were the proceedings done in, CA? I hope you have asked for child support. are you getting help with daycare as well? You might want to google some fathers rights groups in the state here that has jurisdiction (I'm assuming CA) so you can get some advice on how to keep mom in line.

stop talking to her on the DNA. It probably doesn't matter anyways.