Can a mother refuse a Court-Ordered Paternity Test?


refusing court ordered dna test

If an alleged father petitions the court and the judge grants the alleged father the opportunity to establish paternity by way of a DNA test. Technically, the mother must adhere to the court order. In the event, she opts to ignore the court order she can be held in contempt of court.

A mother can deny an alleged father the opportunity to perform a legal paternity test without a court order. This is due to the alleged father not being a custodial parent of the child. A Custodial parent by law has the right to make decisions in the best interest of the child.

Mothers are automatically deemed custodial parents as soon as the child is born. Alleged fathers can be deemed custodial parent if he is married to the mother when the child was conceived or by court order. It is important to note, even if an alleged father signs the acknowledgment of paternity form at the hospital and his name is on the birth certificate. The alleged father still does not have any rights to his child.

How long does it take to get a court-ordered paternity test?

The turnaround time for a court-ordered DNA test will depend on whether you perform the DNA test through the courts or through a private DNA testing service like IDTO DNA Paternity Testing Center.

The average turnaround for paternity tests executed through the courts is 6-8 weeks, sometimes longer. Please note, each state and county turnaround times may differ.

Paternity tests performed by IDTO DNA Center will take 2-3 business days from the date all samples are received by the lab.

Should a man be obligated to pay child support after a DNA test?

If an alleged father establishes paternity through the courts and a DNA test is performed. The court will seek to mandate the biological father pay child support. Biological fathers who have not established paternity for their child do not have any legal claim to any financial support.

Can a mother be arrested for denying a court-ordered paternity test?

A mother getting arrested for denying a court-ordered DNA test is a rare occurrence. If a mother refuses or ignores a court order the judge can find the mother or, give her jail time. Denying a court order is known as being in contempt of the court. In most instances, the mother would be fined instead of being given jail time.

In order to receive a better grasp of how your state handles contempt of court issues. Please contact an attorney in your state for better clarity regarding your specific situation.