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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37866
Experience:  Attorney with 16 years experience
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I would like to get a paternity test. I never signed birth

Customer Question

I would like to get a paternity test. I never signed birth certificate but the mother gave the child my last name. I want a test done to show that I'm not the father and to have the child removed that she is mine. I don't want any money that I have put in. Just dropped. The child knows who her real father is and spends time with him. I just don't feel its fair that I'm walking around with a child that is not mine and the real father is walking around doing nothing.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Were you and the mother married when the baby was born? What happened when you went to court? Was there ever a custody or support order in place? Also, how old is the child?

Customer: replied 1 year ago.
We have never been married. They were worked about me wanting money back from child support. I just want DNA. Nothing was done. Child support. She is an adult like 24 years old. I don't want anything - just to show that this is not my child.
Expert:  Lucy, Esq. replied 1 year ago.

Thank you for that information.

I'm not sure how the fact that she's now an adult changes things, so I'm going to opt out and let another expert take over. Please do not reply, as that can cause delays. Good luck.

Expert:  Barrister replied 1 year ago.

Hello, new expert here..


I hate to have to tell you this, but if the child is now an adult, then you can't legally force a DNA test to prove or disprove paternity at this point. This is because the law in NC states that a man would only have one year from the time they knew or should have known that they weren't the father during the time that the child is a minor..


So when the child turned 18, that window to potentially dispute paternity closes forever.


With that said, the time to dispute this would have been when you first thought the child wasn't yours or up to to the child's 18th birthday.


I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...