– from Brenda L. in Wayne, WI

Question Details:

I had a baby with my ex-boyfriend 6 months ago. We broke up right after I told him I was pregnant. Now he is lying and saying we never had sex. He is the only man I ever had sex with at that time, so he is definitely the father. I have the results of an HLA blood test he took that prove it. Can I introduce this as evidence in court?

Family Law Attorney Response:

I would first like to say that, if you can provide a child support court with a suitable request, they may order a blood test to establish parentage on their own. To address your question, it would be very difficult to convince a court to accept your evidence without expert testimony to explain your results. This is because a layman cannot feasibly break down the information from one of these tests.

As an example, the case T.A.T. v. R.E.B. (In re Paternity of M.J.B.) 137 Wis. 2d 157, 404 N.W.2d 64 (Ct. App. 1987) (Reversed by 144 Wis. 2d 638, 425 N.W.2d 404 (1988)) saw a similar situation. The court did accept HLA blood test results without expert testimony. The alleged father appealed, and the court of appeals reversed.

My advice to you, is to seek the help of a qualified attorney. They can assist you by answering these questions, forming a strategy moving forward, and representing your best interests in court.

Dan Exner, J.D.

Family Law Attorney

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