If a non custodial father enters into a legal child support agreement (Maryland Law) based on a paternity test, where the samples were taken on different dates and in different states; which he now believes to have been falsified. Does he have any legal options that would allow him to contest and request a new paternity test? Is there a statue of limitation on contesting the paternity test? The fatherís sample was taken in Miami FL and the mother and child who lived in Maryland oddly had samples taken in a small town in Mississippi unbeknownst to the father. The father was told the sample were being taken in Maryland. The father strongly believes that the samples were taken from the oldest child and not the child listed on the test. The father simply wants all parties, accompanied by their respective attorney if need, to be in the same trustworthy facility when the samples are taken.
Referencing similar case: New Mexico, Barreras v. Trevino
2 Answers from Attorneys
If you are paying child support under a court order, you would have to file a petition to reopen the case. But your mere suspicion will probably not be enough to cause the court to do so. You will need some evidence to back this up.
If you entered into an agreement only and it has not been entered into court (i.e., no court orders) then you should strongly consider hiring an attorney to file a case now. Also, you indicate that the agreement is legal and this is a determination that an attorney can assist you with making. If the case is already enrolled as a judgment you will need to show error or mistake, misrepresentation or deficiency with the process or judgment.
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