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How Can I Get A Paternity Test For A Child Who Is Not Mine And Where The Mother Refused A Judges Order Previously To Take One?

Q: In 2011, after detailed testimony during a Fact Find Hearing, where the mother testified that she never told the child who her father was, Judge determined that a Paternity test was in the best interest of the child. Judge ordered the mother, child and alleged father to take a Genetic Marker Test. For the next 8 months mother refused to produce the child for the court ordered paternity test. After several hearings, Judge was advised that mother did not produce the child for the test and he did nothing. In November 2012, Judge decided that it was "okay" for mother to come into his court and disrespect him by blatantly disregarding his orders on more than three occasions and rewarded her by giving her what she wanted, NO PATERNITY TEST!

A: David's Answer: If there is nothing stating you are the legal father of the child, you maintain no relationship with the child, she isn't asking for - nor are you paying - child support, and your name isn't on the birth certificate, then you really don't need to do anything if you believe you're NOT the father. You can just walk away from the situation. If you believe you ARE the father & wish to enforce visitation rights, then you can file your own paternity petition & file a contempt motion if the mother disregards a further order. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.

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