Avoiding Paternity Testing
There are many people who may have questions about paternity testing is mandatory or not. In this post, we will discuss if paternity testing can be avoided or not.
Paternity Testing is a voluntary process for the most part. There are no specific laws that require a man or mother of a child to perform a DNA paternity test against their will.
Challenging Paternity
Although performing a DNA test is voluntary, there is situation that will mandate that a paternity test be performed. When a mother or an alleged father files a paternity petition and it is accepted. During the hearing the judge will request a paternity test be performed to determine the paternity of the child.
Paternity petitions are filed can be filed by either the mother of the child or man who believes he is the biological father of a child. Filing a petition with the Family Court in the jurisdiction the child was born in is the only way to getting a non-compliant person to participate in paternity testing process.
What happens if father doesn’t show up for paternity test for child support?
If either parent (in particular the alleged father)decides not to participate in the DNA testing process. The judge will more than likely hold the non-compliant parent in contempt of court.
Remember, Although paternity testing is voluntary and you cannot be forced to perform a paternity test. In Family Court, your refusal to perform testing may lead to judge giving a default judgement in favor of the party, being held in contempt and a fine be administered.
Mothers who do not show up in may be provided more leniency with judges in comparison to alleged fathers in some cases. This may be due to mothers being the custodial parent giving care to her child.
It should also be noted that each jurisdiction handles paternity cases differently. Therefore, we recommend that you consult with a Legal Consultant in your state to familiarize yourself with the paternity establishment guidelines.
The information provided in this post is for informational purposes only and should not be deemed as legal advice. Seeking professional guidance understanding paternity establishment in your state is recommended.
