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

Answers:

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.


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