If you have reason to believe you are NOT the Father of a child for whom paternity has previously been established, whether administratively by signing the child’s birth certificate, or judicially, such as during a child support or dissolution of marriage action, you can file a Petition to Disestablish Paternity.
You must show that you have (1) newly evidene that leads you to believe you are not the Father of the child (including a DNA test, discussed below); and (2) that if you have been ordered to pay child suport, you have at least substantially complied with such obligation.
Obviously, a DNA Test showing you are not the Father is considered “newly discovered evidence,” however, if you are unable to have access to the child to complete such a DNA test, you can request a Court Order to make this happen.
I recently had a DNA test ordered for a client who stated his “newly discovered evidence” was that the Mother’s current boyfriend continued to taunt him by telling him HE (the boyfriend) was the Father, not my client. If you suspect you are not the Father of a child and want to seek termination of a previously ordered, pending, or potential child support child support obligation, do not wait to seek the assistance of a Family Law Attorney to accomplish this. The Law Office of Summer R. Nichols is experienced in dealing with these types of cases every day.
