What is the test for determining whether DNA testing is in the child's best interests?
"New York", United States of America
The following excerpt is from A.S. v. B.H., 993 N.Y.S.2d 643 (Table) (N.Y. Cty. Ct. 2014):
If the petitioner successfully meets the initial burden of proving fraud, duress, or material mistake of fact, then the court determines whether a DNA test is in the child's best interests or whether the petitioner should be estopped from DNA testing. (Cleophous v. Latrice M.R., 299 A.D.2d 936, 4, 750 N.Y.S.2d 380 th Dept.2002.)
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