DNA Testing Approved in Missouri Paternity Challenge Man Challenges 10-Year-Old Paternity Judgment
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Attorney Ken Jones, Publisher
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Aubrey Haznar
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St. Louis - (May 30, 2001) - The Missouri Court of Appeals says men can now use DNA testing years after a child's birth to find out if the child is legally theirs. The landmark ruling last week changes Missouri law, because courts have held in the past that once a man admits being a father and pays child support, he can't get out from under that obligation even if it's proven he isn't the father. The case, State ex rel. Division of Child Support Enforcement v. Hill, was issued by the Missouri Court of Appeals' Western District May 22nd. Details and analysis of the DNA ruling can be found in the May 29th edition of Missouri Lawyers Weekly and through the weekly legal paper's web site, www.MissouriLaw.com.
The case involves Marc Hill, a Kansas City man. He claimed Alexa Hightower told him that blood tests established he was the father of Brett Hill, born in August 1988. As a result, Marc admitted being the father in a 1990 paternity case. But almost a decade later he had DNA testing done, which showed conclusively that he was not the father.
The ruling is another example of how DNA testing is being used in more areas of the law. Besides criminal law, lawyers specializing in family and probate law now have a new tool to bolster their cases.
"We've all heard stories about convicted felons being released from prison following DNA tests," said Attorney Ken Jones, publisher of Missouri Lawyers Weekly. "But DNA evidence is also transforming other areas of law in Missouri, such as family law and probate. For example, this DNA case is a significant change in family law. The decision now gives men who are unsure about paternity, but have continued to pay child support, the green light to use DNA testing to get out from under child support obligations."
It is unclear whether the mother plans to appeal the ruling to the Missouri Supreme Court.
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Missouri Lawyers Weekly and www.MissouriLaw.com are the leading legal news sources for Missouri's legal community, providing vital news, opinions, verdicts and settlements, analysis and more. Founded in 1972, Lawyers Weekly, Inc. publishes statewide newspapers in addition to Missouri, (Michigan, Massachusetts, North Carolina, Ohio, Rhode Island and Virginia) as well as Lawyers Weekly USA, a national newspaper geared to smaller law firms and LawyersWeekly.com, an Internet resource site.
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