If a child support case against me was dismissed due to the mother of the said child refusing to take parternity test but now she’s filed in a different state, can anything be done about this?

She refused the test on 3 separate occassions.

Asked on January 22, 2013 under Family Law, Alabama


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You really need to get a resolution.  You can counter-petition in the paternity suit and ask the court to issue an order compelling her to produce the child for paternity testing.  Better to know now that you are the father, rather than getting hit with years of back child support if she has been on any type of government assistance.  If the child turns out to be someone else's, you can request that she be required to pay your attorney's fees.  You will also have an order denying paternity which can be formally used against her should she try it again in another state.  I know it's a pain pushing the issue, especially in another state, but compelling the test will help you end her gaming once and for all.

If you don't want to push the issue, then simply continue what you have done previously which seems to consistently result in a dismissal.  The only risk you take is her refiling later in an even more inconvenient state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.