Being Sued now and served petition to Adjudicate Parentage -

[roamranger]

I just been severed papers yesterday stating I am being sued with attached petition to Adjudicate Parentage. I reside in the state of Texas. Not going through too much detail right now, but I was served after trying respectively to get my ex-fiancé to cooperate with me to establish paternity through DNA testing. She did not want to corporate with me and I told her I will have to seek legally if she didn't. Well, she beat me to the legal process with now harassment allegations. The baby was born July 6.

Now, here is my question! Before answering all these motions, I was wondering if I can personally contact her lawyer to get a DNA test. I have 20 days to answer all the motions and I was served yesterday. In section 5 of the petition, her lawyer is saying that my ex is requesting the court, promptly after appearance by respondent, order a petitioner, respondent, and child to submit to genetic testing, to prescribe the arrangements for the test, and to provide for payment of any reasonable fees. Again, this is what I have been trying to do with her all along, but I do not think it is necessary for the court to demand order now if this petition is now claiming she wants one now.

I just want to know if the baby is mine and if the test come back that she is, I will not deny it. I do not want to pay for legal test since I found out it is the same test, but requires more paperwork for the courts. Also, the legal test cost twice more than a standard test. This is unnecessary since if it found that I am, I will Acknowledge Paternity without needing the assistance of legal system to make that claim.

Is it wise or can I contact her Lawyer to get the DNA test before answering all claims in petition?

Looking for good immediate advice!!
Thanks....

[Trevor]

1. Hope you documented well your desire to handle the DNA testing cooperatively, without necessitating the legal fees that are now being billed. ATN: you should counter for fees because she failed to cooperate, therefore making her informed decision to incur her own legal fees, and imposing the same on to you to defend yourself. You can bet she will ask the court to make you pay her fees for filing this motion, despite her refusal to cooperate. ONLY she knows whether you are the only potential sperm donor!

2. You should counter that if the test is negative that you be reimbursed in full, but the test should be split otherwise. There are two parents, not just the one with the dick. And the wallet.

3. You must answer the papers regardless of any attempt to work a deal before court. Do not let your deadlines slip. But you can avoid a court hearing on paternity by getting the test done now. After that, there will be more court for custody and parenting time, and maybe property, if you are determined to be the father.

4. Dude, the court-approved test is the one you need. it certifies the sample remain intact, bonding the handling process and guaranteeing admissability of the results of the test. Are you seriously planning to hang an 18-year $100k+ obligation around your neck on the basis of a $14.99 OTC pee-test? WTFU man this is serious business.

[roamranger]

I called a certified DNA testing lab in our area and they told me a standard test cost is 199.00 and a legal test cost 450.00. I asked what is the difference in the testing? Is the Legal test more accurate? they told me there is no difference in the accuracy, just additional paperwork. My approach is that if I find I am the father through a test that is no different than a legal one, I would Acknowledge Paternity before 20 day limit with no need to require prescribed court ordered test. I would reply back to all the alegations affirming or not affirming in the petition now knowing the truth. If I am the father, getting the AOP signed in the quickest way is best for everyone instead of waiting around for the court to presribe one after answering my responses.

Now, if I find I am not the father, I wouldn't care if the court to order another DNA test which is considered legal, because I already know I am not the father. After performing the test, I would sue my ex for all damages with her claim of me being the father and going through all this mess.

[Trevor]

there is no difference in the accuracy, just additional paperwork.

Wrong, or at least not the whole story.

Sure there is additional paperwork, and it is exactly due to the tight custody of the samples. It's the difference between a normal first class letter and a certified letter, return receipt requested. It's not just extra paperwork, it's the watertight evidence of delivery.

Put another way, you are willing to sign off if it turns out positive. But if it turns out negative, she is gonna claim a false negative or you switched the samples or whatever, and you're stuck paying again.

Spend your money the way you want to. With more than $100k at stake, why not do it right the first time?

[kidsdadtexas]

What county in Texas? I used fathers for equal rights organization to assist me in answering a SAPCR and filing my petition for divorce. I couldn't afford an attorney at the time and they helped me big.

[roamranger]

I am in Collin County, near Dallas Texas...

[roamranger]

I found the web site www.fathers4kids.com

And YES.... I heard from them..."Do not talk to her lawyer and come into the office to see a director." Also heard... it is correct, do not take a basic DNA or standard DNA test and do NOT scheduled a legal DNA test with companies found on the internet or your local pharmacy. They only go up to 7 to 9 types of chromosomes testing and basically stop right there. This advocacy group can preform DNA test for me and they go up 13. I also called these companies up I found on the internet to confirm what this advocacy group told me. Well, they said yes we only go up to 9... WOW!!!

I want thank everyone here..... I would had made several mistakes if I did not inquire first here. ... Wish me luck!!!

[Trevor]

That is a subscription website.

[kidsdadtexas]

That is the correct website. There is a 100.00 membership fee. Go to fathers and review the file with the attorney. They will guide you on what to do. I met with them after I was served and I received clear direction on what to file. Their doc prep parralegal will prepare your answer after you get direction from their attorney. I would not be in the position Im in now with primary custody if it weren't for them.