Can the court make a man take a paternity DNA test if he does not want to take one?
I am in this little situation where a friend of mine has a child, but a few years has gone by because her parents did not approve of the relationship (it was an interracial relationship). So after she got older and got a place of her own she say the father in the store and told him how old his son was (he already knew he had a son with her).
Now he is saying he is not the father after he saw their son and spent almost of month with him bonding. Now all of a sudden he says the child is not his. The only thing I could tell her was to take a DNA test, but he does not want to take one. I believe he knows deep down this is his child. So my question is when they attend court when the judge ask him if he believes the child is his and he says no, then when the judge also ask if he's willing to take a DNA test and he says no could the courts make him take the test considering she is on public assistance from the government? Does the court have the power to do that for the sake of the child parentage.
(I would greatly appreciate if some family attorneys were able to answer my question, but anyone who knows the answer feel free to answer)
Thank you in advance!!
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If she honestly believes (or knows) he is the father, it is right and proper to expect him to assume some financial responsibility for the costs of raising the child. The state certainly believes so, and will actively pursue recovering costs from him if the mother is on public assistance.
All she needs to do is file a "complaint for support," and allege his paternity.
As noted above, the courts can generally order a DNA test. However, while the response suggests getting his DNA might be difficult, all that will be required is a small quantity of his saliva or blood. (It is often possible to get enough saliva for a DNA test from a cigarette butt.) If he truly believes he’s not the father, he must, as noted, prove it. Unless he’s afraid he is, he should be very willing to cooperate.
If she is on public assistance, she should contact her local Legal Aid Society, which can very likely help her file the papers to make a claim for support at no charge to her. (Most courts waive filing fees for indigents, and legal aid is paid for by the state, or by the state’s bar association.) Depending on your state, it may be sufficient for her to tell her social security case worker that he is the father, and they’ll take it from there.
He can be held in "Contempt Of Court" if he refuses to follow the judges orders. That is jail time. Then they can get it his DNA by force..if you know what I mean. LOL.
If he does not want to pay for the child..he will have to prove he is not the father..Generally, when dealing with child support orders, even fathers who know they are the father and confirmed by the mother they are the biological father, are required to take the DNA test before any child support checks are made mandatory by the courts.
These types of laws vary by state, but if the court orders a DNA test, then he must comply. And yes, it might be ordered if she is on welfare.
i think that if they were married he does have to but if they weren’t he doesn’t have to if he doesn’t want to..but i don’t think i read the passage right. check out the website! =]
yes the court is definitely allowed to make him take the test.
yes the court can order a dna test she should get child welfare involved too
this will depend on the law in the state the court is in. in texas, if the putative father refuses dna tests, the judge enters an order finding he is dad. dna testing is highly probative and is able to exclude men who have been falsely named as dad to 99%. the cost of paternity testing is generally not assessed against the putative dad unless the test show he is dad. given these factors, the law assumes a refusal to take the test is indicative man knows he is dad and the test will conclusively reveal it.
The simple answer is yes a court can compel a paternity test. Courts can order much more intrusive things. Courts have issued an order requiring surgical removal of evidence. At the paternity test is non-intrusive, just a swab of the inside of the cheek, no court would hestitate to order it.
Know a friend that went through this
The court will not force him to take the test
It will simply accept the refusal as an admission of father hood and order him to start paying child support
If he does take the test and proves that it is not his he can get a judgment against her for restitution of the cost of the paternity test