I am looking to find out if the judge who ruled over my child custody case was able to deny me that ability to DNA my

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Customer: I am looking to find out if the judge who ruled over my child custody case was able to deny me that ability to DNA my daughter to confirm whether the man that I was never married to is her biological father or not
JA: Who currently has legal custody?
Customer: It is joint legal custody
JA: Is there a child custody order in place?
Customer: Yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have been suspicious of biological paternity since my daughter's birth and his inability to coparent effectively is what is pushing me to obtain a paternity test
Answered by Stephen Loeb in 16 mins 7 months ago
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Stephen Loeb
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Stephen Loeb
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Stephen Loeb
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Stephen Loeb, Expert

Hello! my name is***** an attorney here at JustAnswer Law. I have been practicing law for 25 years in the Federal and State courts. JustAnswer is the preeminent online service for information regarding your legal issues. Your question is very important to us so thank you for using our service. I will try to provide you with the information you need quickly and thoroughly. If you have any questions or need any clarifications after I provide my response, simply just let me know and I will be happy to try to help you further.

I received your question and I reviewed it.

Would you please provide more context so that I can give you a full and accurate answer?  Were you married at the time the child was conceived? Was your husband at the time the acknowledged father? Do you have reason to belive that someone else was the actual biological father? What state do you live in?

Customer
No I was not married at the time the child was conceived and I was in an open relationship with another man at that time. I live in Arizona.
Customer
It was clear from the time stamps provided by the OBGYN during that pregnancy that it was the man not listed on the child's birth certificate is the most likely to be the child's biological father
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Stephen Loeb, Expert

Thank you for providing additional information.

Please give me a few minutes to prepare an answer to your question and I will get back to you shortly.

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Stephen Loeb, Expert

 Even if the father is not named on the birth certificate, or the mother has reasonable suspicion that the wrong man is, a mother can start a paternity action by filing a demand with the state child support agency. You will demand that the alleged father undergo a DNA test to establish paternity. If he refuses to do so voluntarily, it will be subject to court order.

If he still refuses, he will be considered in contempt of court which means that the state will have the power to file a lien against his property, garnish his wages and prevent him from renewing his drivers license until child support obligations are met.

Where there are grounds for establishing paternity, it would be improper for a court to deny a test, if the judge refuses to order a test, you would have the right to appeal.

You should consider hiring an attorney who is an expert in family law matters. Hiring a private attorney will go a long way in giving you professional representation who can look at your case, form a strategy and forward your best legal argument, It will also serve to make the judge and parties involved take your position more seriously and give you your best chance at success.

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Stephen Loeb, Expert

I hope that I was able to answer all of your questions and concerns. Is there any part of my response about which you need clarification or further information?

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