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Bill Attorney
Bill Attorney, Lawyer
Category: Family Law
Satisfied Customers: 1227
Experience:  Attorney
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Can genetic testing be enforced for an adult child (19yrs)

Customer Question

Can genetic testing be enforced for an adult child (19yrs) if the named father is not interested any longer in any kind of DNA? That child needs it for immigration purposes
Submitted: 10 months ago.
Category: Family Law
Expert:  Bill Attorney replied 10 months ago.

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

Attorney Bill

Customer: replied 10 months ago.
Thanks for your prompt reply. Here is the story in short version:
my husband was a pro bball player in Australia and had an one night stand with a girl about 20 years ago. The girl was born and raised in Australia. My husband requested several times DNA testing which was denied by her mother. The child supoort was garnished through the child support enforcement in TX and has been satisfied. Their is no relationship betwenn teh child and my husband, The girl contacted me a few month ago and asked to get some signatures for US citizen. We spoke to the US Embassy and were advised that the girl could no longer become dual citizen as she is over the age of 18 and would have to go through the green card process which my husband would have to sponsor. He told the mother and the child he would not sponsor anything as he always asked for DNA and now he doesnt care. Well, today we receive a letter from an attorney here in WA STATE stating that the child in entiteled to US citizenship by law and the yong adult could file motion under RCW 26.26.400 which is child support and minor children. The US immigration held up the application as we sent a letter to the US Department stating that my husband wouldnt sponsor anything and any kind of document provided is not provided and signed by him.
Can my husband be forced for genetic testing now for immigration purposes?
Customer: replied 10 months ago.
the letter says the following:
..however, if agreement reached as to genetic testing your denial of paternity to the Department of State places Ms McNaughton-Riley is in a position where a determination of biological paternity is needed. sHE AND mS mCnAUGHTON ARE AUTHORIZED by RCW 26.26 to pursue such a determination with the court as a result of your denial. Ms McNaughton is prepared to file a paternity action under RCW 26.26, and will thereafter schedule a motion under RCW 26.26.400 et.seq. for a court order compelling you to submit to genetic testing for the purpose of demonstrating paternity. Please be aware if Ms. McNaughton is forced to pursue genetic testing via court action, she will be seeking a court order requiring you to pay for fees etc
Customer: replied 10 months ago.
now reading the letter Department of State sounds more that she tried to obtain my husbands birth certificate and he placed a fraud alert on it
Customer: replied 10 months ago.
Also, her and her mother moved already on a tourist visa to LA which I didnt know was possible to move without legal documentation
Expert:  Bill Attorney replied 10 months ago.

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 ?

Attorney Bill

Customer: replied 10 months ago.
it didnt go to court yet.
Customer: replied 10 months ago.
The child is 19 years old and not a "child" any longer who lives currently illegal in LA and wants to force DNA testing now after all these years for immigration purposes. So the question is if that can be enforced? What do we have to do?
Expert:  Bill Attorney replied 10 months ago.

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 ?

Customer: replied 10 months ago.
she finished schooll when she turned 18 and is not working as far as I know.
Customer: replied 10 months ago.
his name is ***** ***** australian birth certificate as my husband was not able to get it removed
Customer: replied 10 months ago.
immigration advised he could not be forced to sign any petetion for anybody
Expert:  Bill Attorney replied 10 months ago.

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.

Attorney Bill

Customer: replied 10 months ago.
just to get a clear understanding. HIs name is ***** ***** Australian birth certificate but she can still enforce another DNA testing for that purpose. Speaking to immigration attorneys i was advised even with a DNA testing my husband cant be forced to sponsor her greencard as there is no relationship that has been ever established
Expert:  Bill Attorney replied 10 months ago.

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.

Attorney Bill

Customer: replied 10 months ago.
hm. Okay...I am not sure how much this helped my to be honest with you
Expert:  Bill Attorney replied 10 months ago.

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 ?

Attorney Bill