If you have doubts about your paternity or are in a situation where paternity is being disputed, you may need to seek court-ordered paternity testing.
In this article, we’ll take you through the steps of getting court-ordered paternity testing. We’ll cover everything from how to request testing, what to expect during the process, and your legal rights.
So if you’re a dad in doubt, keep reading to learn how to get court-ordered paternity testing.
What is Court-Ordered Paternity Testing?
Court-ordered paternity testing is a process by which a court determines whether or not a man is the biological father of a child.
This type of testing is usually requested when there is a paternity dispute or when paternity needs to be established for legal reasons.
The court will typically order a DNA test to determine paternity. This test involves taking a sample of the child’s DNA and the DNA of the alleged father.
The samples are then analyzed to determine if there is a match.
Reasons to Request Court-Ordered Paternity Testing
There are several reasons why a father may want to request court-ordered paternity testing. Some of these reasons include the following:
- Establishing legal paternity: If a child is born to unmarried parents, the father may need to establish paternity to obtain legal rights and responsibilities related to the child, such as custody and visitation.
- Disputing paternity: If a man believes he is not the biological father of a child, he may request court-ordered paternity testing to prove his claim.
- Protecting parental rights: If a man believes he is the biological father of a child but is being denied access to the child, he may request court-ordered paternity testing to establish his parental rights.
In some cases, the father’s name may have already been included on the birth certificate, but if paternity was not legally established at the time of the child’s birth, the father’s name might have been listed as “unknown” or left blank.
How to Request Court-Ordered Paternity Testing
If you want to request court-ordered paternity testing, you will need to take the following steps:
1. Contact an Attorney
It’s a good idea to consult with an attorney with family law experience before requesting court-ordered paternity testing. An attorney can help you understand your legal rights and responsibilities and guide you through the process.
2. File a Petition to Determine Paternity
Your attorney can help you file a petition with the court to request paternity testing. The petition will typically include information about the child, the alleged father, and why paternity testing is requested.
3. Attend a Court Hearing
The court will schedule a hearing to review your petition. You and the other parties involved in the case must attend the hearing, and you may need to present evidence to support your case.
During this hearing, the judge will decide whether or not to order DNA testing. If the judge receives evidence of a sexual relationship near the time of conception, the judge will order DNA testing.
4. Provide a DNA Sample
If the court orders paternity testing, you and the child must provide DNA samples. This may involve a cheek swab or a blood test, which will be sent to a laboratory for analysis.
How Does the DNA Test Determine Paternity?
A DNA test for determining paternity works by comparing the DNA of a child with that of the alleged father. DNA is the genetic material that determines our physical characteristics, and we inherit half of our DNA from our biological father.
The test is usually done using a DNA sample from the child, the alleged father, and the mother (if available). The samples are typically collected using a buccal swab, a small brush rubbed against the inside of the cheek to collect cells.
The DNA samples are then analyzed to determine the number and sequence of specific genetic markers in each sample.
These markers are unique to each individual and are inherited from their biological parents.
The DNA profiles of the alleged father and child are then compared to see if they share enough genetic markers to establish paternity. The probability of paternity is calculated based on the number and type of markers shared between the alleged father and child.
How Will The Court Use DNA Testing to Determine Paternity?
When DNA testing is conducted, the results will show a probability of paternity. If the probability of paternity is above a certain threshold, typically 99% or higher, the court will determine that the man is the biological father.
What Happens When The Court Determines Paternity?
When a court determines paternity, it means that the court has legally established that a man is the biological father of a child.
Once paternity has been established, the court will make decisions about issues such as child support, custody, and visitation.
After the court makes a paternity decision, the parties involved must comply with the court’s orders regarding child support, custody, and visitation.
If the court has ordered the biological father to pay child support, he must begin making payments according to the court’s order. Failure to comply with the court’s child support order can result in penalties, such as wage garnishment, seizure of assets, or even imprisonment in some cases.
If the court has ordered custody and visitation arrangements, the parties involved must also adhere to those orders. The biological father may be granted parenting time with the child, and the mother may be required to cooperate with the father to facilitate those visits.
Will The Child’s Birth Certificate be Updated After the Court Makes a Paternity Decision?
After the court has determined paternity, the appropriate government agency will be notified of the decision. The agency will then update the child’s birth certificate to reflect the biological father’s name.
The process for updating a birth certificate can vary depending on the state or jurisdiction where the child was born. However, once paternity has been legally established, the father’s name can be added to the child’s birth certificate to reflect the new legal relationship.
FAQs About Court-Ordered Paternity Testing
Q: Can I request paternity testing if the child’s mother doesn’t want it?
A: Yes, you can still request paternity testing even if the child’s mother doesn’t want it. However, you must file a petition with the court and attend a hearing to make your case.
Q: How long does court-ordered paternity testing take?
A: The time it takes to complete court-ordered paternity testing can vary. It may take several weeks or even months to receive the DNA test results. I tell my clients that it will likely take six to nine months to get paternity results.
Q: How accurate is court-ordered paternity testing?
A: DNA testing is highly accurate, and court-ordered paternity testing is considered a reliable way to establish paternity.
Conclusion
If you’re a father who wants to establish legal paternity for your child, court-ordered paternity testing is a critical step. By following the steps outlined in this article, you can request paternity testing and better understand what to expect during the process.
If you need help with how to proceed or have questions about the process, it’s always a good idea to consult an experienced family law attorney who can guide you through the process and help you protect your legal rights.