Family Law Questions? Ask a Family Lawyer Online.
This is attorney Bill. I will be assiting you today. I need some more information in relation to your question.
This depends on who requested the DNA test ?
Police, USCIS, IMMIGRATION, Family Court ?
WHy was it requested ?
What is the adult child's immigration status
Thanks for following up with me.
There is now a motion to compel his Genetic testing.
Do you have a copy of the motion ?
Your husband wishes to oppose this motion ?
Firstly they are requesting a voluntary admission of paternity.
Paternity suits may be brought for child support and immigration grounds.
Is she physically dependent or still in school ?
This is the correct position. He can only be compelled by a court order.
She is entitled to bring a petition for paternity regardless of age for immigration purposes; this doesn't confer support obligations as she is now 19.
In order to be compelled to do a genetic the court, the court must order the same.
Your husband may oppose the motion, if it is ever brought.
Please follow up until satisfied.
I never wrote that.
So far your husband has been asked to voluntary accept.
Nothing else has followed.
A motion can be brought to establish paternity at court, but it doesn't mean it will be successful or the court will order it. People ask the courts all kinds of things, but the court will only grant was it is legally required to do.
Well do you have a specific question ?
Because I answered according to the information your provided.
I would need to know why the motion would be filed, for what visa or what child support order specifically ?