Can you Refuse a Paternity Test?

Paternity tests are used to determine who is the biological father of a child. Courts generally order a paternity test when there are minor children involved. The results on the test can help the court determine child custody and child support arrangements. The judge will also consider other factors to determine the best interests and welfare of the children. A Westlake Village paternity attorney can help you establish or deny paternity, depending on your circumstances.

Requesting a court-ordered paternity test

Most courts will allow the following individuals to bring a civil lawsuit:

• The expectant mother or biological mother
• The biological father
• A personal representative
• The mother and father making the request together
• A social service agency
• A child old enough to make the claim

The first step is filing a lawsuit. The court will review the case and decide if the paternity test is necessary. After the test is ordered, the father, mother, and child will submit DNA samples.

What if a parent refuses to participate?

When the mother refuses to participate, the court may order that the child is not entitled to receive child support from the alleged parent. But remember that the alleged father can only contest paternity within the designated time. So if the mother refuses a paternity test, it is important that the father requests a test within the established time frame. Also, when a man is on the birth certificate and he believes he is not the father, if he waits too long to test, he may have to continue supporting the child financially.  If the father refuses to take the test, he can be held in contempt of court, face criminal charges and fines. In most cases, the judge orders the  alleged father to pay child support.

Preparing a paternity statement

If both parents are present for the birth, the father can be named on the birth certificate or he can sign a voluntary declaration of paternity. If this can’t happen, you can prepare an informal paternity statement.  If the father refuses to sign a paternity statement, he is still expected to pay child support. His obligations may continue unless he disputes his alleged parental rights or if the child is adopted. For more information on establishing paternity, ask a family law attorney in Westlake Village.

When the mother and father were previously married

If the couple was married, the husband is considered the father as long as they were together when the child was born or divorced during pregnancy, that is 300 days after the divorce took place.  If you are a parent questioning the paternity of a child, you should contact a Westlake Village paternity attorney and ask about your legal options.

So it is legal to refuse a paternity test but the father may have to face the legal repercussions. It is best the alleged father takes the test and the child’s biological father is identified.