I would tell him that you require a proper and legal test done, at his expense, and that if it comes back negative and he continues you will counter sue for the stress he has put you though. And that you will try to get a restraining order against him.

Of course it its possitive you should be asking him to pay for child support for years past.

Did you see the results of the test he had done? Or did he simply tell you the results.

I suppose if he was a twin of your husband? To cheat he would have required your husbands DNA.

Good luck, it does sound like the guy is a bit nuts.. but if there is any chance he is the father - you had best be prepared.

If you did a test that proved your husband was the father then this man could have gotten your husband's DNA somehow. Someone who is this overzealous about proving the child is his, I wouldn't put it past him to stalk your husband and wait for the day he spits out a piece of gum, drops a coffee cup in the trash or any other variety of activities which leave our DNA laying around in places that are easy to get to. All he'd have to do was scoop up that item and swab it for his swab and get that tested. There's absolutely no proof that it was his DNA that was on his swab. And really, if you had a test done that proved your husband is the father, then there's no way the DNA on his swab was his. Heck, it might not have even been your daughter's DNA on her swab when he sent them in.

Take him to court and demand that a DNA test be done, on his dime, and by a reputable company, not in a parking lot where he controls the swabs before and after. When it comes back negative get a restraining order against him, as it's obvious he did something to screw up the original DNA test so that he could keep harassing your family. Make sure it includes all forms of communication - including phones, e-mail, instant message, letters, physical contact, etc. Include your whole family - the people living with you - on this order. If he ever violates it, in any way, call the police immediately. Do not humor this insane man anymore than you have to!

As soon as the court-ordered DNA test comes back negative the courts will release you from not being allowed out of the country, as he has no claim to a child that is not his and cannot stop you from travelling with her.

If your DNA test from a lab says your daughter is your husbands then you have are fine. You need to like a previous poster said file a restraining order against him for harasssing you and your family. Because once the lab says your husband if the child's father their is nothing more to argue get a restraining order and move on with your life.

It sounds as though you have had two tests? the first could have been a mistake or meddled with, but you say that the second was just you and your husband, and it still came back positive for the other man. Are you sure that you are not just in denial? if two seperate tests come back positive, then it seems to me that he must be the father. or did you mean your husband? I think the best thing you can do is take the test again, just you and your husband, in a hospital environment, and if it proves the other man is the father then make arrangements with all three of you sitting down amicably. If this is not possible then take it to a court to decide what to do. If he is not the father, then get an injunction.

The test that my husband and daughter took, was preformed at a medical DNA service center, in accordence with the aabb spefications. We had to provide thumb prints, birth certificate, ss card, and a photo of the two were taken and everything was submitted togehther. The test came back positive that my husband is her biological father, and is admissable in court. This test has been submitted to the court, but still we are tangled up in court. I tried to get a restraining order but was denied, because there was no repeat violence. We have adivsedthe school, that under NO circumstance is anyone to pick her up from school other than my husband and I. We just want to know where do we go from here and why has the court not dismissed the case?

Hi, rr1028, and welcome to WebAnswers.

While I realize that this ordeal has been stressful to you, please understand that, from a legal perspective, nothing is admissible in a court of law until a court makes that determination, and it is likely that your "friend" has objected to this being entered into evidence.

The court may very well seek yet another test from a lab of ITS choosing before deciding the matter, no matter how ludicrous this issue may appear to you to be. The court does not take sides, does not know what it is that you might know, and, until it feels confident that it has all the facts of the matter, only then will it make a ruling.

So, where you go from here is to wait the court's decision, assuming you have an attorney.

If, on the other hand, you do not have counsel, then you should go to the clerk's office and read the file to see if anything is amiss. You should then undertake to do this on a weekly basis until the matter is resolved.

If you can already prove that your husband is the father of your daughter, and have already payed to have a legally admissible DNA test done ... then what this man is doing is just harassment.

I would just sue him outright for harassment and get a restraining order placed against hime for you and your daughter (If he is this delusional, you need to protect yourself and your daughter). No one can just "claim" to be the father and get an injunction placed one another person. There has to be proof. His "test' would not stand up in a court against your professional test ... so i don't even see how he could have placed an injunction against you.

Start taking legal action against him for harassment. And protect yourself.

Hope this helps.

Great advice!

Sailor4life,
That's what we can't figure out. He got the restraining order by saying that I have family in New Zealand and and that I was planning on leaving the country! I have no family in another country, much less New Zealand, nor do I know anyone in another country, nor do any of us have passports!

We paid $500 bucks to have our test done right and professionally, in accordence with the law.

I did not met the qualifications in my state for an injunction! So we must live in fear everyday!
I'm just wondering how much longer this is gonna go on. Now we just got to make the decision to take legal action against him, or just let it go,once the judge tells him he is not our daughter's biological father.

Thanks to everyone for your advice and comments.