Q: I am the mother of a 7 month old baby..: my ex filed a petition for paternity back in December 2017, in March 2018 (our court hearing for the DNA results)
The results showed that he is NOT the father.
On April 24th 2018, a letter was mailed to me explaining that the case will be terminated due to finding of fact that he is NOT my child’s father. Regardless if he (or even I) wanted to object to terminating the case, we would have to mail a written petition explaining why either side doesn’t want to close the case.
I don’t want anything that has to do with him towards me or my child, and I am of course sure he isn’t father with and without a DNA test, I am afraid that he would want to retake the test as a way to still be present and make me go through a hard time.
We broke up in 2017, and I became pregnant shortly after, this is where the confusion came in (just some back story), he has NEVER been in my child’s life, not even when he wondered if he may have been the father, so there hasn’t been a link or presence at all.
Can he file for a second paternity test? And if he does, am I allowed to refuse it since I complied with the first court order back a few months ago?
A: If he already took a court-ordered DNA test & the Court issued an order of non-paternity, then any subsequent petition for a DNA test would be frivolous. His only remedy would be to file an Objection (if the Court issued a final order), or if the court hasn’t issued its final order yet, he could request a paternity trial. Schedule a consult with a Bronx Family Law attorney for a full assessment.