If a week or two before child's 2nd birthday a Judge in a deprived case orders DNA testing on man (A)who signed AOP and

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A is paying child support but B is the biological father?

This is where it can get tricky and not make sense.

If A has been in the child's life including overnights, A has standing to file a petition for custody under the law of standing as a parent or as it is called, in loco parentis.

If A is paying child support, he can file to vacate it since he is not the biological parent.

Since B is the biological father, mother can file for child support since he is the father of the child.

Since B is the biological father, he can file for custody as well.

The court would need to determone what is in the best interest of the child as that is the custody law.

A does not have to pay support but can get custody.

B has to pay support and potentially not be able to see the child.

That is no longer the state of the law. That was the law however, the courts have decided that people that are married are not presumed to be faithful anymore and they will not hold out the person to be the father if a test comes back saying that someone is. Now, it does not mean that the original Parent can't stay in the picture they certainly can but that is no longer the law

When the agency takes custody of the child, there is an emergency hearing that is held within 48 Hours. However, that hearing is only to determine whether the agency has the right to hold the child at least temporarily. That is almost always branded as there is nothing that is really litigated there. However, a full hearing is held within 14 days and that is when you can argue with the agency for the child to be returned. The agency has taken the child because they believe that the child is in a dangerous situation and for their safety they are to be remove. That is what you are fighting.

The AOP doesnot matter if you are biological father.

I would send the DNA test to division of vital records in the state that they were born and they will add you and dop him.

Now that you arw the father I would call the agency and ask to talk to the case owrker.

You need to establish yourself as the father and they can look into placing the child with you.

The agency can not go after you since you were not involved in the child's life.

As I said I would contact vital records and send a copy of the DNA test.

If they will not take it then you would need to file a motion for genetic testing and get a court order stating that you are the father.

With the DNA test I do not believe that you need the motion.

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Were you given an indicated report?

I now undertsand and agree that if that was the case I would appeal that determination.