CAN A MOTHER REFUSE A PATERNITY TEST?
Can a mother deny a DNA test?
This is a common question asked by many people in particular men. What should be noted is, A father being denied the right to perform a paternity test would depend on your relationship with the mother. For example, if you are married the state automatically deems you the legal father of the child. Therefore, you will be able to perform a legal paternity test without the mother’s consent.
If you are not married to the mother, being denied to perform a paternity test on the child is the mother’s right if she is the primary custodial parent. So, the answer to this question is YES. A mother can deny a legal paternity test but, it would depend on your relationship with the mother on whether you can perform a DNA test without the mother’s consent.
Can a father get a DNA test without the mother’s consent?
There are a couple of ways for a father to perform a paternity test without the mother’s consent.
1. Perform a peace of mind (non-legal) paternity test. This testing option cannot be used in court or for any legal reason.
2. The alleged father can force a mother to perform a paternity test by filing a petition with the court. If the judge or magistrate accepts your petition. The court will send the mother a court order. If the mother ignores the court order. She will be held in contempt of court. Please seek legal counsel in your state regarding penalties for being held in contempt of court.
How to get a court-ordered paternity test without a lawyer?
One of the biggest misconceptions is that in order to get a court order to perform a DNA test you would need to hire a lawyer. Hiring a lawyer is optional, not mandatory. In order to attempt to get a judge to issue a court order.
An alleged father or, the mother must file a paternity petition with the court. If the court accepts the petition, a court order is issued. We always recommend that you speak with a Family Law professional to ensure you understand your state’s laws. before beginning this process.
If you are in need of a court-ordered paternity testing service please do not hesitate to contact our office today at 973-609-5102 to get started today.
Can you be forced to take a paternity test?
As we currently understand the paternity acknowledgment guidelines. No one can be forced to partake in performing a paternity test. Now, If you were issued a court order from a judge to perform a paternity test and you ignored the court order. Then you most likely will be held in contempt of court. This pertains to both alleged mothers and fathers.
If you would like to learn more about our DNA relationship testing services. Please do not hesitate to contact our office today at 973-609-5102 to get started.
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