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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111450
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I went to court in 2002 in Indiana to force a Dna test and

Customer Question

I went to court in 2002 in Indiana to force a Dna test and was denied to to a 2 yr statue of limitation.Now I find out all these yrs later the child is in Kansas in foster care due to his mother being in jail in Indiana on Felony non support of her oldest son.I've asked Kansas to grant me a Dna test and allow me to be the childs father but no one knows anything except they have to uphold old Indiana ruling.Is there any case close to this thats happened in the past that could help me out.Thanks Gaylon
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
If you have already been to court in Indiana and were denied, this means your case is considered "res judicata" (already decided) and if you missed the statute of limitations in IN, you cannot go to another state to raise the same issue if proper jurisdiction at the time you filed the case was in Indiana. Thus, I am afraid that it is too late to bring another case in another state and any other state would uphold the IN ruling.


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Customer: replied 5 years ago.
I was hoping the extreme measure of the child being removed from the mothers care and is in foster care at the states expense i might have a little leverage.Also the mother has moveed 7-9 times in the last 10 yrs so the boy has been to 6-7 different schools and he's now 12yrs old
Expert:  Law Educator, Esq. replied 5 years ago.
That would not override the fact that you went to court and lost. The only thing you can do at this point, since the child is in the foster system, is that you would have to work with the mother AND the case worker for an adoption of the child.

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