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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 744
Experience:  I have 25 years experience as a Washington State Family Law Attorney.
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I am looking to obtain a adult paternity test from my "alleged

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I am looking to obtain a adult paternity test from my "alleged biological father" who told me a few years ago that I was not his son. Only after my mother died did he spring this on me.

I am 49 I live in New York. He is 70 and lives in Caribou, Maine.

I did try to seek a voluntarily paternity test from him, sending a letter but that got no response.

I think it's time for him to put up or shut up.
Submitted: 11 months ago.
Category: Family Law
Expert:  Seattle Scott replied 11 months ago.
In all states where I have looked at this issue, there is a deadline for compelling genetic testing and it is usually a few years after birth. The father named on your birth certificate is your legal father; even if he is not your biological father. This is because he only had a few years after you were born to contest his paternity. I know this is really not the issue, the legal status, but it explains somewhat, why you can't compel genetic testing from him - it won't change his legal status.

But I am going to check Main law just to be sure and get back to you.
Customer: replied 11 months ago.

Thanks for the quick reply.


 


I am not looking for anything from him or his family but I would like to know the truth.


 


That's the only reason I am trying.

Expert:  Seattle Scott replied 11 months ago.
You had until your 18th birthday to compel a paternity test.

Maine Revised Statutes
Title 19-A. DOMESTIC RELATIONS
Part 3. PARENTS AND CHILDREN
Chapter 53. PATERNITY
Subchapter 1. UNIFORM ACT ON PATERNITY
Current through 2013 first special session
§ 1554. Limitation on recovery from father

The father's liabilities for past education and support are limited to the 6-year period preceding the commencement of an action. [ 1997, c. 537, § 17 (AMD) ; 1997, c. 537, § 62 (AFF) .]

A complainant may commence an action at any time prior to the child's 18th birthday. Notwithstanding the effective date of this paragraph, an action may be commenced for the benefit of a child whose paternity has not been established or to establish paternity of a child for whom an action had been commenced but dismissed because a statute of limitations of less than 18 years was then in effect. [ 1997, c. 537, § 17 (AMD) ; 1997, c. 537, § 62 (AFF) .]

Cite as 19-A MRSA § 1554

Does your "father" have other children that would agree to get tested, as I think you can determine if two people share the same father.
Customer: replied 11 months ago.

Thanks again for the reply. I have two 1/2 brothers but I don't talk to anyone I disowned them all. LOL


 


I guess I am going to go Pro Se on this one and argue since I was just told this 3 years ago maybe a court will give me a chance.


 


 

Expert:  Seattle Scott replied 11 months ago.
Sorry the law didn't provide a more easy remedy. You will need to sue in the county where your father lives.
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 744
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Seattle Scott and 10 other Family Law Specialists are ready to help you
Expert:  Seattle Scott replied 11 months ago.
Thank you for the positive rating and tip.
Customer: replied 11 months ago.

Being a claims adjuster what's your opinion of adding intentional infliction of emotional distress to my suit to keep my in the Court and get some discovery or maybe a voluntary DNA test to settle the matter?

Expert:  Seattle Scott replied 11 months ago.
Not a bad idea - a legitimate collateral claim that could be resolved by a genetic test is the way to go.
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 744
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Seattle Scott and 10 other Family Law Specialists are ready to help you

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