TEXAS: man forced to pay child support, and refused a dna test to prove paternity. Recourse?
A man had a girlfriend. They weren't monagamous. They broke up, and didn't speak for 5 years. She had a child after their breakup, and the math makes it look like he is the father. But she didn't inform him that she was even pregnant. He did not know until 5 years after their breakup that she was pregnant and had a child.
So, she waited until the child was 5 years old, and then decided to get the authorities to pay child support. He claims that the child is not his, and requested a dna test. The court denied his request.
It is now 4 years later. The child is 9.
The man in question is a roofer, and is able to find work only periodically. He has had much trouble keeping up with child support, and has been before the court and punished a couple of times for it. Both times, he again requested a dna test, claiming that the child is not his. His request has been consistently denied.
He was recently arrested again for failure to pay. His court appointed attorney says that his chances of getting a dna test are almost nil. The attorney says that in Texas, at 0-3 years, they will usually grant the request for a dna test. At 3-5 years, chances are 50/50 that they will grant a request for a dna test. But at 5 years plus, the attorney says his chances of getting a dna test are close to zero.
Is there anything he can do here to get a dna test, that doesn't require money? This is a desperate situation. He has now got a wife and stepson. His wife was recently shown to have a serious medical condition, and needs him at home.
Oops. I meant to say, "she decided to get the authorities to make him pay child support".
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He should have spoken to an attorney originally – local law schools often have free programs that can help.
If he was represented by an attorney who did not push for a test, then he can contact the Texas State Bar (http://www.texasbar.com/Template.cfm?Section=Client_Attorney_Assistance) and file a grievance – perhaps even file for malpractice, should that be shown. But he has to act NOW.
if he is paying child support, he must have some visiting rights. when the kid visits, get a sample of dna, spit or whatever, and get it tested. call Montel . it does not matter his job or current circumstance, if he is the father, he is the father.