Tag: Paternity DNA Tests

Divorce and Paternity

Divorce and paternity are in the news after the NBA’s Minnesota Timberwolves star Malik Beasley has decided to question his son’s paternity during his divorce from his model wife, Montana Yao.

disestablishment paternity

Technical Foul

Beasley, 24, is contesting the paternity of his two year old son, Makai, who was born in March 2019, according to court documents obtained by Page Six on Wednesday.

A paternity test was conducted, but the results were unknown leading up to Beasley and Yao’s March 29 court date.

The Timberwolves player’s attorney, Steven A. Hanley, told Us Weekly that the test was “taken last week.” While the results are pending, a court granted Yao’s request for $6,500 per month in child support, but a judge denied Yao’s request for $5,300 per month in spousal maintenance and for him to pay $20,000 for her attorney’s fees.

Florida Disestablishment of Paternity

I’ve written on paternity and disestablishment of paternity before. Paternity refers to a man who has the rights and responsibilities of a parent, regardless of whether he is the biological father or not.

Through legal paternity, the father is responsible for the child’s upbringing, has a parental relationship with the child, and has an obligation to support the child.

In Florida, there are a few ways to determine paternity, including marriage (such as when the mother and father are married at the time of the birth or Court order that determines legal paternity paperwork. For example, the father voluntarily signs the child’s birth certificate or affidavit of paternity.

You can also disestablish paternity in Florida to avoid these responsibilities. A father needs to demonstrate proof that he is not the father of the child in order to disestablish paternity in Florida.

For example, an affidavit signed by the Father explaining that newly discovered evidence regarding paternity has come to his attention since the time that legal paternity was first established. The evidence must have been discovered after the finding of legal paternity. It cannot have been known prior.

Another important factor to include is the result of a DNA test showing that the legal father is probably not the biological father of the child, or an additional sworn statement stating that he was not able to obtain a DNA sample from the child. The father can also request the court to order the DNA test.

The father’s child support payments also have to be current, or at least, substantially complied with and making child support payments on time. In the event there are any past-due payments owed, the father’s affidavit has to state why the payments are past due.

Finally, a court has to determine that the legal father has not adopted the child. The child cannot have been conceived by artificial insemination while the legal father and mother were married. The legal father must not have prevented the biological father from asserting his rights. Also, the child must have been under 18 years old when the petition for disestablishment of paternity was filed.

However, even if a father properly files a petition for disestablishment and follows all the necessary steps in the statute, a judge can still deny the petition.

Double Dribble

Beasley and Yao were married on March 20, 2020 but Yao filed for divorce on Dec. 8 of the same year shortly after cuddly pics surfaced of Beasley holding hands with Larsa Pippen.

Yao, 22, claimed earlier this month that Beasley kicked her and their son out of their joint home. She alleged on social media that the duo was bouncing around “hotels and Airbnb’s even moving states” until her parents agreed to help them.

The model also denied she cheated on Beasley, who began dating Pippen while they were still married. Pippen, 46, insisted that she met Beasley after he was separated from Yao, but photos of them in Miami suggest otherwise.

“It had nothing to do with me, so I wasn’t thinking anything about it,” Pippen said in February. “If you spent a minute Googling their situation, it wasn’t the ideal situation way before me.”

The article is here.

How Accurate are DNA Paternity Tests

On behalf of Ronald H. Kauffman, P.A. posted in Paternity on Tuesday, November 12, 2013.

You hear a knock at the door late one night. Someone hands you papers naming you as the father of a child you’ve never met. The name of the mother is unfamiliar to you. Your first thought is “what if my wife finds out?” Your second thought is “I should take a DNA child custody test to see if I’m the father!” How accurate are these tests?

In cases where a man disputes he is the father of a child – and in some cases a court can prohibit you from even testing to find out – you may want to take a DNA paternity test.

In a DNA test, a Q-tip is scraped on the inside of your cheeks to collect buccal skin cells. The collection process is painless – at least as compared to a blood test – and takes only about 10 seconds per cheek.

The skin cells are used to extract your DNA. The test is looking for repetitive regions in your DNA. The test examines your DNA for different genetic markers, or alleles, which vary from person to person. For example, a test may show you have allele D7S820 with 15 repeats in your DNA. Someone else, on the other hand, may have only 10 repeats of D7S820.

Since the mother, father and child all have the same number of repeats, it means that there is a high probability that the child must be the offspring of both parents. DNA centers usually test 17 or more repeat areas, since relying on only one area would be too small a sample size.

But, what if the testing laboratory incorrectly analyzes a DNA sample? The Oklahoma Supreme Court considered exactly this problem in Berman v. Laboratory Corp. of America.

In Berman, the mother asked Oklahoma to determine the paternity of her child, and to collect child support from the father. An agency arranged for a lab to collect DNA for the test. The lab incorrectly reported that a man was not the child’s father.

However, after a different laboratory performed the DNA test, it found the same man was the father. The mother sued the first lab for the loss of past and future child support the father would have paid if the DNA test results were correct.

The Oklahoma Supreme Court decided that the lab owed a duty to the parents to use care in conducting accurate DNA testing for child support.

The importance of reliable and accurate DNA results cannot be overstated. You should always have professional advice instead of just trusting a piece of paper assuring you “probability of paternity 99.99%”.