Sometimes, the court orders the alleged father to take a paternity test. If you are ordered by the court to take a paternity test or you want the court to order a paternity, then you need to know these things.
Importance of Court-Ordered DNA Tests
A court-ordered paternity test is necessary for child support, custody, and inheritance rights because the results of home-based DNA kits are not admissible in court.
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Types of Court-Ordered Paternity Tests
There are two types of court-ordered paternity tests::
- State-Initiated Paternity Tests: Cases involving state involvement, such as if a parent receives a public assistant or if the child support office has to recover child support from the other parent, require a court-ordered paternity test. In such cases, the attorney general files a petition in court to seek an order. Sometimes a social worker or a prosecutor files a paternity test petition in case of child abuse. Also, during divorce and custody proceedings, a court orders a paternity test.
- Individually Requested Paternity Tests: Anyone who is already a legal parent or suspects they might be the biological father can petition the court for a DNA test. Due to the legal and financial implications of paternity, judges typically approve such requests.
Steps to Obtain a Court-Ordered Paternity Test Yourself
Get Form: If you want to file a petition in court without a lawyer to order a patency test, you can get the forms from your local code or child support agencies and ask them for the procedure. Forms for California Courts https://www.courts.ca.gov/1203.htm?rdeLocaleAttr=en, NY Courts, and Delaware Courts are available on their website. You may check your relevant court online as well.
2. Complete and Submit the Required Forms: Fill in the required information in the form like child details, the alleged father’s name, the reason for the test, and other information. Then submit it as per the instructions.
3. Awaiting a Court Hearing: The judge will review your petition and schedule a hearing to hear arguments from all parties involved.
4. DNA Sample Collection: Once the court orders the test, a certified laboratory will collect DNA samples (usually through cheek swabs) from the child and the alleged father(s). The court may order sample collection in court or may mention a specific laboratory in order.
Why Would You Need a Paternity Attorney?
A paternity attorney specializes in family law and can provide expert guidance and representation for your case.
- They are knowledgeable about the nuances of paternity laws in each state and can streamline the legal process for you.
- Establishing paternity for unmarried fathers can be complex. However, an experienced paternity lawyer can help secure equal parental rights and responsibilities.
- A paternity lawyer can simplify the filing process, ensuring proper documentation to support your case, and saving time and effort.
- A paternity lawyer can assist in cases of suspected paternity fraud. Where a mother falsely identifies a man as the father of her child.
Who pays the Fee for a Court-Ordered DNA test?
In some cases, the state itself may pay the cost of the test. In some cases, the judge may allocate the cost to one of the parents or both parents, looking at the income of the parents and other factors. It varies by location but can usually reach up to $500. My friend in New York has to pay a $450 fee in a case.
In addition, there may be a fee of up to $50 to file a petition, and other person who will respond to the court, may also need to pay a $50 fee.
Results and Implications of a Court-Ordered DNA Test
Processing a court-ordered DNA test typically takes several weeks. The court will receive the results first and then determine how to deliver them to you. If you have a lawyer, they might be involved in relaying this information.
A positive test result legally establishes paternity. This can have significant implications, including:
- Child Support: If the test confirms biological fatherhood, the court may order the father to pay child support.
- Custody and Visitation: A positive test result can influence custody and visitation arrangements, especially if there’s an ongoing custody case.
Potential Challenges and Considerations
- State laws and requirements may vary, so it’s crucial to consult with a family law attorney familiar with the laws in your state.
- The alleged father may refuse to take the paternity test, which can complicate the process. In this case, other evidence of paternity may need to be presented to the court.
- Additional legal issues, such as child support and custody, may arise once paternity is established. It’s essential to have an attorney by your side during this process to protect your rights.
- The timeline for receiving results from a court-ordered paternity test can vary depending on the specific circumstances of your case.
- If the father’s name is unknown, a court-ordered paternity test can be obtained with extra steps and ample information. An experienced attorney can help navigate the process and protect rights, with legal advice being crucial for a fair resolution.
| Also Read:: Can a Paternity Test be Done with a Toothbrush?
Alternatives to Court-Ordered Paternity Tests
Alternatives to court-ordered paternity tests include:
- Voluntary paternity testing, where both parties agree to the test without involvement from the court.
- Home DNA testing kits, however, may not be admissible in court due to a lack of sufficient chain of custody standards. But it’s really beneficial.
- Prenatal paternity testing can be done during pregnancy if there are concerns about paternity. This type of testing is typically done with the consent of both parties.
Before deciding on paternity tests, it’s crucial to consider the pros and cons and seek advice from a family law attorney. Court-ordered tests, though more complex, offer legally admissible and accurate evidence. Consulting with an attorney ensures a fair outcome and support throughout the process.
Conclusion
A court-ordered paternity test can have significant legal and emotional implications for all parties involved. It is crucial to approach the process with a clear understanding of the legal requirements and potential challenges. Seeking the guidance of a qualified family law attorney will ensure that you navigate the process effectively and protect your rights.
Navigating the legal system to get a court-ordered paternity test can be complex. Always remember, you don’t have to do it alone. Seek the guidance of legal counsel and prepare for any obstacles with knowledge and support on your side.
FAQs
If the alleged father refuses a paternity test, courts may view it as paternity evidence. An attorney can guide you on enforcing the test or presenting alternative paternity proof.
A court-ordered paternity test is available in all 50 states, but procedures and requirements vary, necessitating consultation with a local family law attorney. Factors like the child’s age, availability of legal representation, and potential fees also play a role.
