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I would like to help, if I may. I understand how you feel and how and why you want the DNA testing and I will tell you how to accomplish that in a moment, but please clarufy something for me. You stated that after about a year, she left you and the child and went off - - - how did the child get back into her custody?
ANDREA, JD, LLM
Here is what you should do with the least amount of Court costs to you:
Use either case number XXXXX Court assigned to your divorce or if there was a separate number assigned to the Custody matter, use that case number XXXXX file a Petition to Compel your former wife to bring the child to the designated DNA diagnostic center; in fact, leave the date, time and place blank and let the Judge fill in that information on the Order. Ask the Judge, if he has a preference as to who should serve the Order on your former wife; if the Judge says you should serve it, get a Certified copy of the Order and serve it on her at her place of employment (that ought to get her).
Then prepare an Affidavit of Service, attesting that you served her with a Certified copy of the Order, the date, time, place and manner of service and file that with the Court. If she does not comply with the Court Order, have your Petition for Contempt ready and file that immediately, asking in the Petition for Contempt that she be incarcerated until she complies with the Court Order to bring the child for DNA testing.
That should accomplish everything!
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ANDREA, JD, LL.M., Taxation
Member, NY & PA Bar
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