A legal paternity examination is a genetic test to decide whether a homo is the biological father of a child. If a man is the biological male parent, the homo is accounted by constabulary to have "paternity." Courts will gild biological fathers (fathers who have paternity) to pay kid support. Biological fathers may besides file a petition with a court seeking to adopt the child. Biological fathers may besides be given custody and visitation rights.

Can Potential Fathers Refuse to Have Paternity Tests?

The law cannot force a paternity examination. This ways that a potential begetter can refuse to submit to testing, even later on the mother, kid, and other potential fathers have been tested. However, the refusal is not without penalization. When a woman files a lawsuit seeking to establish paternity, the courtroom orders the man to submit to testing. A man's refusal to exist tested can constitute contempt of court.

Contempt of court is punishable by jail fourth dimension and fines. In addition, a human being who refuses to have the test, and otherwise fails to respond to the lawsuit, tin can have a default judgment taken confronting them. A default judgment is one that automatically gives a plaintiff (in this instance, the mother) the remedy they sought. Remedies include payment of child support. This means that, if a man refuses to submit to paternity testing, the court may order the homo to make child support payments.

Can a Potential Father Request a Paternity Exam?

A man who alleges that he is a child's biological father may inquire a court to let him to undergo paternity testing. This asking is typically fabricated as part of a lawsuit filed past the man to establish paternity. Lawsuits brought to establish paternity are known as filiation proceedings.

Land laws may limit a man's power to file a lawsuit to establish paternity. Many states practise not allow a man to initiate filiation proceedings if the child has already been in a father-child human relationship with their "current" begetter (who may exist the woman's hubby or partner) for a period of years, usually five or more.

The father with whom the kid currently resides with is referred to equally the presumed male parent. A presumed father is a homo who is the kid'due south father, for all legal purposes. Presumption of fatherhood, or presumption of paternity, is established when either the father is married to the child's birth mother, or the father'southward name appears on the child's birth document. The police force treats the presumptive male parent as the legal father, with custodial and legal rights and responsibilities, unless and until a human being is able to institute paternity through the paternity examination.

How Practise I Become a Court-Ordered Paternity Examination?

For a court club a paternity exam, the man seeking to constitute paternity must file a paternity petition in family unit courtroom. If an private cannot afford an attorney, and is interested in knowing how to go a court-ordered paternity test without a lawyer, the clerk of the court can help with providing the filing documents. The clerk cannot requite legal advice. At the paternity hearing, the estimate hears evidence on the event of paternity, and reviews the results of any paternity testing.

What Happens if the Father Doesn't Show upward for a Paternity Test?

If a man seeking to establish paternity does not attend the paternity examination, the man is in contempt of the court order that required him to do so. The man may be held in contempt of court. In improver, if the man does non appear, the court may grant a default judgment against him. This means the court may dismiss his case.

Can a Female parent Reject a Paternity Test?

A mother may seek to have a human submit to a paternity test. If the test results reveal the human to be the biological father, the mother may seek child back up from that person. Nevertheless, for this to happen, the mother must cooperate during the testing process. If the court requires the mother to take the test, and the mother refuses, paternity will non exist established. As a result, the mother's claim for kid support will exist dismissed.

Tin can the Results of a Paternity Test Be Contested?

Court ordered paternity test results can be contested if there is evidence of fraud associated with the test results. Such fraud may include a father's having some other individual take the test, or tampering with the lab results. Additionally, the results may be contested if the father demonstrates that he is infertile or sterile, and thus is incapable of being the biological father.

Do I Demand an Attorney for Help with Paternity Test Issues?

If you have an issue regarding institution of paternity, y'all should contact a family lawyer. An experienced family attorney near you can explicate your rights and responsibilities. This attorney can as well assist you with filing paternity hearing documents, and can represent yous in courtroom.