Amarillo, TX asked in Child Custody, Child Support and Family Law for Texas

Q: Can a DNA test be asked of NCP in att Gen. Court if different Court has adjudicated me as father and given me custody

1 Lawyer Answer
Rafee'a S. Majeed
Rafee'a S. Majeed
Answered
  • Dallas, TX
  • Licensed in Texas

A: My initial question is "why are you in a IV-D Court (Attorney General Court) if you already have a court order from another court adjudicating you as the father?" The Court that issued the existing court order has exclusive jurisdiction over the child, unless there is a reason why they should no longer have exclusive jurisdiction. So, the Court that issued the existing court order should be hearing any future cases regarding this child.

My guess is that the Attorney General's office is not aware of this preceding court order. You should bring to their attention that you already have an active court order out of another court. Have a copy of that court order to show them so that they can obtain information from the existing court order that they may need. The case then should be moved from IV-D court to the court that has the existing case.

There could possibly be a situation where you could be asked to take a DNA if the Mother is claiming that someone else is the actual father. The Attorney General's office could be asking both of you to take DNA test to confirm that he IS the father and you are NOT the father.

I hope this helps and good luck to you.

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