You Are Not The Father

can a father refuse court order paternity test

Can A Father Refuse A Court-Ordered Paternity Test?

Paternity is a sensitive issue. It is so touchy that the court of law often has to intervene and make a decision. When child custody is the case the court can order the potential father to take a paternity test to prove with DNA analysis if he is the father of the child or not. Still many wonder what happens if a man refuses to take a court ordered paternity test? There are consequences for avoiding the order of the court.

If a man is ordered by the court to take a DNA test and he refuses he can be held in contempt of court. This means he can face criminal charges for refusing the test or he can face a fine. A man may face up to six months in jail for refusing to comply with a court order. He can be fined several thousand dollars as well and will need to pay court costs.

In many cases, if a man refuses to take a DNA test the court may enter a judgment on his behalf. The court will rule that he is considered to be the father of that baby and he will be ordered to pay child support. A default plea would be entered by the judge in this case. The court will not order a DNA test just because a woman asks them to. A lawyer needs to partition the court and they need to provide factual information as to why the man in question may be the father. The test will then be ordered and the man is expected to comply with the orders of the court just like in any other legal matter.

If a man is ordered by the court to take a paternity test and he refuses he will face legal consequences. A man has rights and can contact his own family lawyer but when he is ordered by the court to do something there are serious consequences if he does not comply.

Court ordered DNA tests, Who pays for it?

This is a common question asked by many. I am currently aware of the two ways that payments are made for court-ordered DNA tests. First way is, that you pay for the DNA testing yourself privately. This option is more expensive but the testing is expedited much faster than court system. Results can be completed on average in 2-3 business days from the date the lab receives all of the samples involved with the DNA test. Depending on the urgency of the result. There are 24 hour options for people who need it. Just know that there will be additional fees for 24 hour DNA test result.

Second option is, having a DNA test performed through a court affiliated laboratory. There is a common misconception that this DNA test is free. As I currently understand it, DNA testing paid by the courts has a turnaround time of 6–8 weeks on average. Depending on where you live it could be longer. Also, the fees the state pays for the DNA test in most instances has to be paid back to the state.

So, you may not pay the initial fees upfront but you will still be responsible for paying cost price of the DNA test. Also, the court usually take into consideration whether or not you are eligible for the state to pay for your DNA test. As I understand it, the judge would decide based on the alleged father’s finances.

Please make sure you contact an attorney in your state to gain more clarity as it pertains to your state laws.

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