Can A Mother Refuse A Paternity Test in Texas?
Can a mother deny a paternity test in Texas?
Yes. A mother in Texas can deny a paternity test because DNA testing is voluntary. If a man believes he is the father of a child and the mother refuses to perform a paternity test. The father will have to file a paternity petition with family court to attempt establish paternity.
How to get a DNA test when a mother refuses?
To file a paternity petition in Texas and initiate the process for a paternity test, you will need to follow these steps:
Prepare the Petition:
Write a petition to establish paternity. Include details such as the child’s name, your name, and the alleged father’s name.
In Texas, acquiring a paternity petition form involves a series of steps. The first thing you need to do is visit the Texas Law Help website. Here, you can access and download the form. Specifically, you’ll need to look for the ‘Petition to Adjudicate Parentage,’ which is a part of the Texas Family Code, Chapter 160. The official title of this form is ‘FM-Pat1-100 Petition to Adjudicate Parentage.’ This form is designed for individuals who are seeking to establish paternity legally through the Texas courts.
The petition form includes several sections that require detailed information about the child or children for whom paternity is to be established. You’ll need to provide their names, dates of birth, and current living situations. The form also requires information about the respondents – these are the individuals who are legally required to be notified about the case.
In addition, the form calls for specific details about why the adjudication of parentage is necessary. For example, it will ask whether the children have a presumed, acknowledged, or adjudicated father as per Texas Family Code Section 160.204.
It’s important to follow the instructions on the form closely and provide all the required information. This will help ensure that the process proceeds smoothly. After you’ve filled out the form, it must be filed with the appropriate Texas court, as indicated in the document’s instructions. Once you’ve filed the form, the court’s clerk office will assign a Cause Number and Court Number.
If you have specific legal questions related to establishing paternity in Texas, it could be helpful to consult with a family law attorney. Alternatively, you could seek assistance from legal aid services in your area.
File the Petition:
Submit the petition to the district court in the county where the child resides.
Serve the Alleged Father:
Ensure the alleged father receives a copy of the petition and a summons to appear in court.
Attend Court Hearings:
Attend all court hearings related to the paternity case.
Undergo Paternity Testing:
If the alleged father contests paternity, the court may order a DNA test to determine biological parentage. Remember, paternity testing is not a requirement in Texas
Receive Court Order:
Once paternity is established, the court will issue an order outlining parental rights and responsibilities.
We recommend that you consult with a family law attorney or seek legal assistance to ensure you follow the protocols paternity establishment guidelines when filing paternity petition in Texas.
Can a mother refuse a court ordered paternity test?
As stated earlier, a mother has the right to refuse a paternity test but if there is a court order mandating a test be performed there will be a consequence for her actions. Although rare, A judge will hold the mother in contempt of court and may issue a fine or possible jail time for a mother’s refusal to perform a paternity test in Texas.
Conclusion:
In summary, unmarried mothers in Texas have the right to refuse a paternity test, since DNA testing is voluntary rather than mandated by law. However, if a court order is obtained, a mother could face contempt charges for refusing to comply with court-ordered testing.
To legally establish paternity without the mother’s cooperation, the alleged father will need to file a petition and go through the court process. Navigating these legal waters can be complex, so consulting with a family law attorney is advisable for unmarried parents seeking to understand their rights and obligations in paternity disputes.