Is there any way to challenge a court-ordered paternity test?
In Nebraska, a court-ordered paternity test may be challenged. Challenging a paternity test requires filing a Motion to Vacate or Set Aside a Judgment. The motion must be filed in the district court where the paternity judgment was rendered. It is important to note that a paternity test challenge is highly technical and the party filing the challenge must be able to present legal evidence that undermines the accuracy of the paternity test. In Nebraska, a court may grant a motion to vacate a paternity judgment based on fraud, duress, mutual mistake, or newly discovered evidence. Fraud refers to a situation where one party misrepresented a fact or withheld information in order to obtain a judgment in their favor. Duress refers to a situation where one party threatens physical or economic harm to the other party to obtain a judgment. Mutual mistake concerns errors in the paternity test due to incorrect or inaccurate information. Newly discovered evidence refers to evidence that was not previously available during the paternity suit. If a motion to vacate or set aside a paternity judgment is granted, the case is sent back to the district court for a new trial. It is important to note that challenging a paternity test can be difficult and it is highly recommended to use the services of an attorney who is specialized in this area of law in order to increase the chances of success.
Related FAQs
Can a paternity test be done while the mother is pregnant?What if the mother refuses to cooperate with the court?
Are there any special considerations for unmarried fathers in establishing paternity?
Can a paternity case be reopened after it has been closed?
Are there any limitations on a mother's rights in paternity cases?
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Can I voluntarily acknowledge paternity?
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