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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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First Wingo Esq. did not anwser my question. So here it is

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First Wingo Esq. did not anwser my question. So here it is again. I was married for several years. During the course of the marrage my now exwife ran around ganbling and whae ever. For a year I did not sleep with her. After she started seeing a docter for her gambling we talked and I agreed to return to the bed. One time and she informed me that she or we were with child. She had been on birth control the entire time but said that because I had not slept with her for more than a year she had stoped using them. Well the child was born with a birthdefict. But about a mounth into ethe pregnancy she begain to run the streets all nigth again. After the child was born about a year she walked out leaving the child. She filed for a she filed divorce and I because I guess had the child was given custody A few years later the exwife re marries, I have learned her new husband has another child with the same birth diffect. I want a DNA test to see if the child is mine or not but she will not compl
Submitted: 7 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 7 years ago.

Good Morning,


Thank you for your question and for choosing JustAnswer.


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?



Customer: replied 7 years ago.
When the child was school agi I enroled her inpublic school, mother begain to visit the school and problems begain between the teacher and I. The teacher put a santery napkin in the childs book bag, with the school Little Rock Distrect being under federal montering and the prusser applied by Little Rock Police and the courts she won inspite of the 15,000 plus I invested in attorneys. By the way the exwife wsa employed at the county jail. Thats why the name totheend PTSD
Expert:  Andrea, Esq. replied 7 years ago.

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


DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

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