Of all the DNA tests available today, the one with the most far-reaching impact is undoubtedly a paternity test. In most cases where a court orders a paternity test, there is a minor child involved, with child support and custody on the line. The courts take the welfare of a child very seriously and the needs of that child trump any repercussion test results may have on the mother or alleged father.
Can a mother or father refuse to agree to a court-ordered paternity test? Here are some fast answers.
Who can Ask for a Court-Ordered Paternity Test?
Keep in mind that the specifics of paternity law vary from state to state, so if you have questions, we highly recommend that you consult a family-law attorney, legal service, or social worker in your area. That being said, most courts follow these general guidelines as to who is eligible to bring a civil lawsuit:
- The child’s mother
- A woman expecting a child
- A man claiming to be the biological father of an unborn or already-born child
- A personal representative of a child with legal authority to act on behalf of that child
- The mother and father of an unborn or already-born child, voluntarily acting together
- A state social service agency acting on a claim of child neglect
- A child who has reached the “age of majority,” making a claim within one to five years after reaching that age
Filing a civil lawsuit is the first step, but the court will review the case first to determine if a paternity test should be ordered. Once the test is ordered, the mother, child, and possible father are required to submit DNA samples through an approved facility.
What if the Mother or Father Refuses to Participate in the Paternity Test?
If the mother refuses
Chances are good the court will automatically order that, because paternity has not been definitively established, she is not entitled to receive child support from the alleged father.
Keep in mind that in most states, a possible father can only contest paternity if he does so within a specific time frame, so, if a woman refuses a paternity test, it’s extremely important for any man who questions paternity to request a test before the baby’s born or as soon as possible afterwards.
Because the court considers the welfare of the child over everything else, if a man is on the birth certificate and waits too long to test, he may never be off the financial hook—even if a paternity test eventually proves he’s not the biological father.
If the father refuses
He may face legal consequences for his refusal, such as being held in contempt of court: criminal charges could be filed or he could be fined. In many cases, the court may simply enter a judgment against the man and order him to pay child support.
What if the mother and alleged father were married?
A man is legally considered to be the father of a child if the couple were married when the child was born. Even if they were divorced during the pregnancy, he is presumed to be the father if the baby was born within 300 days of the divorce date. If you are a married or divorced man questioning the paternity of a child, you should contact a family-law attorney in your state to see what your options are.
The Bottom Line
Is it legal to refuse a court-ordered paternity test? Yes. But there are potentially serious legal repercussions for people who refuse to take it. Ultimately, it’s best for all parties—especially for the child—to know the truth about a child’s biological heritage and it’s a lot simpler if participants test willingly. If you need a court-ordered test, contact us directly at 800-681-7162 (M-F, 8 AM to 8 PM Eastern).
Follow us on Facebook and Twitter! If you have questions about paternity tests or other DNA testing services, please contact our Client Support Center at 888-404-4363, Mon-Fri from 8:30 AM to 5:30 PM Eastern Time. Our friendly, expert representatives are ready and happy to help. Get answers anytime by visiting our Help Center and see real reviews from our customers.
If my ex boyfriend has me served to do a DNA. Test and. My daughter is 3 months old can my husband who signed the birth certificate deny a test and what would be the outcome
Hi, Amber. It’s entirely up to the court to decide what’s in the best interest of the child, no matter what a DNA test says. So if your husband signed the birth certificate, he’s legally responsible for the child. Even if the DNA test shows he’s not the biological father, the court may still deem that he should remain the child’s legal father.
Even if said “legal” father doesn’t have a problem with paying child support, but mother told him he was not the biological father, so it is really just for peace of mind. The mother has never let the child be around the legal father and supposedly never introduced nor told the child about the biological father. When the legal father asked the judge for a DNA it was denied. When the legal father asked the then 18 y/o child for a DNA the child hung up on the legal father. I have to ask…….does all of this NOT sound suspicious??????
My sons dad /ex bf doesnt want me to do the dna test in court he said if i go we cant be friends anymore thats fine with me
he wasnt there when i needed him he never showed up when our son was born or his first birthday party he threghtened me before he called our son frankenstein so why do i have to be threghtened? i ve been doing a good job so far and i have never let my son side not even once im not gonna stop now so he should be threghtened not me
ive been here with my son since day one
so the court is asking if i can do the dna test ,i stand up for my child cuz he means everything to me i have done nothing wrong other than providing for my child he told me to let him go and i let him go plus my mom is my conservator and my sons legal guardian hopefully my ex wont get legal custody of my son he doesnt deserve our child if your calling him names like that
My son’s gf applied for public assistance,so paternity testing was requested and done.dna shows he is the father, can mother move out of state now?
Hi, Trixy. That is definitely a question to ask a lawyer in your area.
Nikkia Kneshay Mcclure says
Yes she can move out state because they are not married . And there is no custody agreement she can leave.
My daughter is 17 but here my said she cheated on me when she got Pregnant
Alicia Williams says
If there is no name on birth certificate and alledged father doesnt acknowldge chile. Can the mother refuse paternity even if she does need child support and if the father doesnt pay.
Hi, Alicia. Even if the mother does not want child support, there is still the issue of visitation on the table. If the alleged father petitions the court for a test, the mother may be required to test.
I was ordered to take a paternity test by the courts because the mother says that she wants back child support. I am not on the birth certificates and was never established to be the father I took the test required but the mother is not complying with bringing the children for their test. how long do I have to wait before I can get this dismissed. State of Virginia
Hi, Fred. Have you consulted with a family-law attorney in Virginia? That’s your best bet.
Can the court make me take a DNA test when I don’t approve? And what will be the consequences if I don’t agree to do it ?
Hi, Makayla. As this article mentions, no one can “make” anyone take a DNA test, but the court is likely to side with the petitioner if you refuse.
Me and my husband are in the middle of divorce. he wants a paternity test on our daughter, even when i have told him she is not his. Will the court make us do one even when I am volunteering that she is not.
Hi, TJ. Because paternity law varies from state to state, that’s a question to ask a family-law attorney in your area.
What are the consequences in the state of Missouri for the mother refusing a court ordered paternity test? The man requesting the test is not on the birth certificate, there is no father listed.
Hi, Tara. Though we are a lab and not legal advisers, my personal understanding is that there is no set “rule” on what the court decides if the mother refuses a test. They act on a case by case basis.
My son been living with dad since thr age of 5. I found out my son was being neglected. So i took my son back under my wing. Dad file an EMERGRNCY PATERNITY/ CUSTODY. Im order to go to court for a paternity in Gary Indiana. I don’t want to go. Will I get an warrant out for my arrest? What’s the consiquences if I refuse to show up? Will the judge grant full custody to the Dad?
We are not a legal authority. You really need to contact a family-law attorney in your area immediately, but I’d say the chances are good that all of the things you mentioned could happen. It’s up to the discretion of the court to act in what they believe are the best interests of the child.
Can you receive jail time if you refuse
a court ordered paternity test my boyfriend is worried
Hi, Natalie. Every state’s rules and every case is different. The court rules on a case by case basis. So I would consult with a family-law attorney in your area. What generally happens, however, is that a court will rule in favor of paternity; their #1 priority is to look out for the needs of the child.
My husband wants a DNA the mother of his daughter has not showed up for 3 times and will not sign a paper to appear and do the DNA we have a lawyer seem like this will never end because she will not cooparate
Steven k says
The real truth is child support is voluntary! You don’t have to consent to a damn thing ever. You have the right to remain silent. You have the right no to testify against yourself. And ultimately they would have to get a search warrant for your DNA. No lawyer is ever gonna tell you this. Furthermore under the fair debt collection act they can’t take money from you without proof of contract. Which in this case is acknowledgment of paternity. They are liars of the court, trained to steal your money with smoke and mirrors. STAND FOR YOUR RIGHTS, CLAIM YOUR RIGHTS!
how do you know this?
Hey Steven K , how can you be reached?
I have a paternity case I am fighting right now and need some guidance.
Steven K Have you beaten child support?
I am going through this now. Learned something from your post , the fair debt collection act , didn’t know that.
Steve Are you a attorney? I have few questions I really need answers too. I may possibly be gma but gson and childs mother not married. She draws public aid on the child. Does state come after guy who maybe the biological father? There are 2 guys in question
Loretta Byrd says
My son is deceased, do I have the right to have a DNA test done on the child im quetion. My son is not on the birth certificate..Itd a possibility another man is on the bc..the child carries this man full name
Hi, Loretta. I’m sorry about your son. You should contact a family-law attorney in your area to see if there is enough doubt about the child’s paternity to support a court-ordered test.
My name it’s not even on the birth certificate it is another man that was there for them at birth and signed now mother is trying to go after me for back child support and kids are 18 she asked for a DNA test I never heard of or knew of the children have not seen them have no custody papers this was an ex of 21 years ago
The father of my baby is 25 and I’m 17. I don’t want him anywhere close to my kid because he’s psychologically abusive and doesn’t even want her at all, because to this day he still wishes I’d have an abortion. I’m 5 months pregnant and he’s planning on taking me to court to request a paternity test but I refuse to do it because I don’t want child support nor for him to visit her. Will the judge side with me since he’s abusive and illegally older?
Hi, Sandra. The court will act in what they determine is in the best interests of the child. I wish you and your little one all the best!
My child’s father is taking me to court for visitations and paternity however I have a order of protection against him as he also have one against me. Can I refuse the paternity and visitations as he is also a convicted sex offender?
Hi, Kellz. That is a question for a family-law attorney in your area.
Hi I’m a foreigner I made a big mistake with a woman . I don’t want her in my life she claiming her son is mine how to do get my son so don’t have pay child support.
Hello, Kumar. If she requests a paternity test through the courts and they agree to one, then it is in your best interest to cooperate and take the test. If you refuse, chances are good that the court will name you the father anyway and you might be ordered to pay child support. You should probably retain a lawyer if this goes to court.
I’m living with my girlfriend and my baby. I got some problems with my girlfriend and she kick me out then I was sleeping outside for two days. I was very stressed and i met one girl who took me to her home and i was drunk for the first time. I was sleeping with her without my wish cuz was too drunk. And now she said she is pregnant from me which I don’t believe and I don’t wanna accept the baby. I asked her to make abortion but she’s refusing. Now everything is fine with me and my girlfriend and I don’t want her to hear something like this about me. I was never cheating on anyone but shit just happened. Can I refuse to pay for this child or deny a DNA test by the curt in Germany. Can someone please advise me?
Hi, Justin. Please read the article you commented on. It contains the answer you’re looking for!
I find this post offensive. You make an excuse for having sex with a person and conceiving a child. The child is innocent and deserves to be treated as such. Its sad that the world has people like you who would dismiss a child he didnt intentionally mean to conceive.
JM Aviles says
I am a married father a 4. I caught my wife having an affair and she abandoned the home. When we separated she announced that our youngest,our 1 old was not mine. We are not yet divorced but she has already filed. I have been ordered to take a DNA test that I do not want to take. For 2 years I took care of all four of my kids and 6 months ago through lies and manipulation the court separated my kids giving her temporary custody of the 2 youngest. Along with her divorce complaint she is asking for a dna test and that my rights to my daughter be terminated upon recieving the results. I don’t care who’s dna she has I am her father,she is now 4 and I am the only dad she knows. The alleged biological dad(who is not her current partner)wants nothing to do with the ordeal. How can I stop this if I cannot afford a lawyer ?
Hi, JM. I suggest you contact your local DCFS (Department of Child and Family Resources)to see what the options are for help in your area. Good luck!
If my husband cheated and now the mistress was pregnant and has had the child originally saying it was someone elses but now saying it’s my husbands can I petition to have a DNA test done?
Hi, Tenika. Is she not willing to do a paternity test without going to court? If she’s willing, I suggest they do a legal paternity test (we do these kinds of tests in addition to home tests), so that results can be used in court if necessary. If she’s not willing to handle this outside of being compelled in court, you may want to contact a family-law attorney in your area. Good luck!
What about South Dakota? My ex is using DCS to take me to court for a DNA test. I don’t want tbe child support and he is not on the bc. I got a call from the agent on the case from DCS basically telling me I have to do or she’ll take me to court. And that if I refuse wherever I go she will find me. Wtf basically ordering mento do something I don’t want to. Any advice is helpful.
Hi, Sarah. My advice is that you should talk to a family-law attorney right away!
My ex won’t let me see my son. I got a lawyer and am trying to get the perternity test done. She said she moved out of the state. All I want is to see my son. I’ve done everything she asked of me and she won’t still won’t let me. I guess what I’m asking is what to expect if she dosent go through with the perternity test even if courts order her?
Hi, Clint. I’m sorry you’re having such a rough time. As mentioned in this article, if one of the parents refuses testing, the courts often rule against them. But keep in mind that all decisions are based on what the court deems is in the best interest of the child. I’m sure your lawyer can advise you on this, and good luck!
I received a letter demanding my presence at a court hearing for paternity. I was approached about the pregnancy and baby in 2002 by the mother. She left the state with her husband, his is the father on the birth certificate and now almost 15 years later the mother wants me to take a DNA. Do I have any right to refuse a DNA at this point?
Hi, Alex. That is a question for a family-law attorney in your area. Good luck!
So i just had baby and the birth C. already been sign by the father, but then i have this other guy sayin he’s the father an wants to request paternity test , Can I refuse his test because i know who my kid dad is and his name is on the birth C.
Hi, Joann. You don’t have to do one now, but if he takes you to court over it, then it’s time to contact a family-law attorney. Congratulations on your new baby!
Ann Smith says
A girl told my son he got her pregnant. She does not want to let a paternity test be done. My son was told if he went to court to have a paternity test done and he is not the father he will still legally be held responsible for the child’s welfare. He lives in California. Is this true? Also, can she legally put his name on the birth certificate and thereby bind him legally?
Hi, Ann. You should consult a family-law attorney in California for specifics about paternity law in your state. In most states, a woman cannot put a man’s name on the birth certificate without his signed consent. If he has NOT signed a birth certificate or acknowledgment of paternity, then a court most likely would NOT rule him responsible if a DNA test comes back with a 0% probability of paternity. A good rule of thumb for any man is DON’T sign anything legally-binding to the child until a paternity test is performed. And it should be a legal paternity test so that results are court-admissible. You can learn more about legal testing here: https://dnatesting.com/establishing-paternity-and-legal-paternity-testing/
I am a married woman in Michigan. My husband and I took a brief break, when I became pregnant. He is more than willing to sign the BC knowing it may not his, because regardless of DNA, it’s our child. Being he’s my husband and he’s willingly signing, does the other man have any leg to stand on if he chooses to persue since the child already has a legal father?
Hi, Nichole. That is a question for a family-law attorney in Michigan, since paternity law varies from state to state. In most states, however, if a woman has a child while legally married, her husband is considered to be the legal father of the child from the get-go.
The guy that signed my almost 4 month olds birth certificate may not be her father. If he is not her real dad, but is on birth certificate, will he still have to pay support? I do not want him to have anything to do with her, he is an ongoing addict and is emotionally abusive to me. I want a dna test done but he does not because he will lose her SS check since he is on disability too.
Hi, Lea. Every state’s paternity laws are different, so I would consult with a family-law attorney in your area.
If he is on social security the only way he is getting a check for her would be if he is receiving ssdi social security disablity insurance and not ssi and if he is then the portion he is recieving for her is deducted from his check to give to her so if innfact he is not her father the money goes back onto his check so he wont be losing that portion of his income.reguardless.
If my x who who was with me sexualy for most of the month prior to conception and her now boyfriend are taking full responsibility for baby even though there’s a good chance it’s mine do I have any rights to ask for paternity test to see if the baby is mine, even if she denies being with me?
Hi, Joe. That’s an excellent question, and one to ask a family-law attorney in your area. However, my understanding is that if the court determines there is enough reason to order a paternity test, they will do so.
I had a daughter 17 1/2 yrs ago and thought maybe a fellow i dated briefly while my fiance and I had a break up could be the father. The guy finally took a dna test when she was 9 months old. It came back HE WAS NOT her father. My fiance signed the Birth certificate and a voluntary paternity paper since we weren’t married at that time of her birth. We married a month later. We got divorced 10 yrs later. He remained with visition and child support. Its now 17 yrs later and that guy I briefly dated is insisting she os his and is petitioning the court for DNA test on her. We now live in a different state than she was born in and he still lives in. I believe the first test and she knows nothing of what happened back then, her father is her father!!!! I want to protect her from this craziness. Can a judge order a test this many yrs later when we already did one 17 yrs ago( no longer on record, he kept the results)?
Hi, Sam. It’s hard to say at this point in your child’s life why a judge would order a DNA test. She is nearly a legal adult when she can make her own decisions, and her legal father has been supporting her all these years. If you’re really worried about the man following through, it wouldn’t hurt to consult with a family-law attorney in your area to see what your state’s paternity laws are, what the laws are in the petitioner’s state and what the chances may be that a judge could order a test. Part of the stress of this is the “not knowing.” At least then maybe you’d have some idea of what to expect.
Can a potential father of almost 30 yr old be forced to take a DNA test? I just want to know if he is the father.
Hi, Kashun. It’s hard to say…every state’s paternity laws are different. So I suggest you contact a family-law attorney where you live. Even if the child in question is an adult, the court may deem it advisable to order a DNA test due to possible death-benefits for the child.
My child father signed the acknowledgment of being the child father and signed the birth certicate. I took him to child support court and for the second time and the judge ordered us to split the cost? Should I be responsible for the test if he wanted a DNA test, even after he establishing to believing the child is his and signing the birth certicate.
Hi, Hannah. That’s entirely up to the judge.
Jacinda Stevick says
I was in an abusive dating relationship and became pregnant. There is another man involved within 2 weeks of sonogram confirmed conception date. I broke up with abuser. Later he sexually assaulted me and tried to cause an abortion. He threatened to kill my whole family if I didn’t comply with the rape. My question is am I legally able to declare unknown father on birth certificate? If I want no contact and no support or anything from this man, can I refuse to allow my daughter to be DNA tested. He wants rights to her. He’s dangerous.
You do not have to list a father on the birth certificate. You can refuse a DNA test, unless he takes you to court over it. If that happens, get a lawyer IMMEDIATELY. Good luck!
Let’s say a man refuses a paternity test on the basis of being a Christian Science or Jehova’s Witness believer. Thereby, they say, “I am fine with any paternity test which does not involve taking any portion of my body, including blood or hair. You may have feces or urine or sweat or mucus.” Can a test still be performed?
How would the man feel about scraping the inside of his cheek to collect cells containing DNA? Because that’s how DNA is collected for this kind of test. That would definitely be the most cost-effective way to go. He is welcome to contact us directly for guidance on which kinds of alternative samples may be accepted for testing, with the understanding that there is a $150 non-refundable fee for assessing the viability of the sample. The number for our parent company, DDC, is 800-681-7162.
I’m 4 months pregnant and I have text messages and Facebook messages from my daughters father on our planned pregnancy. He got back with his ex and now he refuses to be involved in my daughters life, he ignores me every time I try reaching out to him for the past two months. We had a fight and I said somethings that were threats / considered threatening him. When the paternity test proves he’s the father can he use the threatening text messages I said against me?
Hi, Aly. That is a question for an attorney. I wish you all the best with your pregnancy!
If another man signs the birth certificate can I request for a paternity test to see if I’m the father?
Hi, Mike. If you petition the court and they see enough reason to order a test, then they may do so. Every state has different paternity laws, however, so it would be wise to contact a family-law attorney in your area.
My son is 11 my boyfriend signed his birth certificate and has been paying child support for 6 years and co parenting for 11 years. Recently another ex of mine has came forward and is asking for a test to be done because he believes he is my child’s father will he be able to take his case to court . My son is autistic and only knows one man as his father and that’s not him
Hi, Kathy. If your ex petitions the court, they will assess the situation and make the decision whether or not to order a paternity test. If that happens, it might be advisable to retain an attorney to protect your son’s interests. Good luck!
My name is George, i’m 39 years old from south Sudan, my father is from Germany, and i have never seen him since i was born, and i have been looking for him since i was a teenager, and recently i found him through his friend. and when his friend told him that he has a son and that son is looking for him he denied the whole thing and said i’m not his son, and to my surprise he asked his friend not to give me his phone number or home addresses or anything to let me get in contact with him, i was chocked by the way he behaved with me, and when i asked his friend why he behaved with me that way? the guy simply told me that maybe he thought you are going to get money from him, and i was totally chocked, and since then i have been trying my best level to get in touch with him, but all was in vine. and now since he is denying me and refusing to get in touch with me i’m planning to take my case with him to the Germany court and let the law say it’s word. so please can you advise me how to do so?
Hi, George. We are a testing service and cannot give legal advice. I highly recommend you contact a family-law attorney. Good luck!
A woman had a child and someone was out on the birth certificate. Now after a blood test he was found not the father. They are married. She now told the court that i could be the father and ive been ordered to take a blood test. Can i refuse to take the test because she claimed the chikd was someone else’s already and is now just searching for possibilities?
Hi, Willie. It is never a good idea to refuse a court-ordered paternity test, because if you don’t test, the court may declare you to be the biological father, even if you’re not. They act is a way they think is in the best interests of the child. Better to possibly protect yourself and also know for sure!
I am having trouble figuring out who the farthers of my baby is. The one think its the farther dont want nothing to do with me or the baby and if i have a dna test done and he is. Dose he have rights to the child and if so, since he dont want nothing to do with the child can the mother fight and have it tooken away
Hi, Hailey. A court will always act in a way that is in the best interests of the child. Every state’s paternity laws are different, so your question is probably best answered by a family-law attorney or legal service in your area. Good luck!
My child is over a year old now, I have no father on the birth certificate it is just me on their. The father was in prison and just recently got out. I do not want that man to have any chance of seeing my child because he does horrible things and has been in and out of prison. Can I deny him doing a dna test on my child? The man doesn’t even know whether its a girl or a boy. Doesn’t know the childs age or anything.
Hi, Tisha. Unless he takes this issue to court, you are under no obligation to do a DNA test or anything else. He’s not on the birth certificate and has no legal rights.
My husband received a message today from a girl he had relations with. She is claiming that a child born after we were married is his and she is requesting a dna test. Will florida grant her the petition? I know a man can’t request against a women that is married not sure if there is a law that applies for men.
Hi, Liz. You may want to check with a family-law attorney since not all states’ paternity laws are the same. If the woman makes a strong enough case with the court that your husband may be the father, then yes, he may be compelled by the court to test, since it’s in the best interest of the child.
I am told that my mother was caught in the act twice with my aunt’s husband, my aunt’s sister, and my aunt’s husband has been dead for 37 years now. My mother had baby before me and aborted it in the 9th month and murdered it and then got pregnant again with me who she left in the hospital with my aunt to take care of me until I was 6 years old.
My mother hates me all my life for 61 years now and what can I do to her since I had problem at birth and did not correct it before my 2nd birthday and denying me of having kids and knowing the truth about my real birth father.
Hi, Freddy. Your story is such a sad one! Are you wanting to find out who your father is? If so, rather than trying to hash it out in writing here, you may want to call our parent company, DDC, directly for a confidential consultation. They will be able to help you determine if testing is possible and what your best options are. That number is 800-681-7162. Good luck!
I would like to know if my son can file a paternity test on a woman who was married when child was conceived and was having an affair? Her husband is listed on the birth certificate but I strongly believe the baby looks like my son. However the woman’s husband refuses to do a DNA can we do anything?
Hi, Janie. You should consult with a family-law attorney to be absolutely sure, but in most (if not all) states, a child is the legal responsibility of the husband if a couple is still married, even if the child is the result of an affair. If the husband refuses testing, there may not be anything you can do.
8 years ago my husband was summoned to a DNA test while trying to gain custody of his son. (They were not married) Sadly in the end it proved he was not the father of the boy. Now 8 years later he is being summoned again for a second DNA test. He went thru a lot psychologically when finding out the news 8 years ago, we are trying to avoid further damage…does he have to go to court again after so long and after paternity had already been established?
Hi, Ana. Seeing as he already did a court-ordered test eight years ago, that is definitely a question for a family-law attorney.
my kids dad is not on the birth certificate and my kids have my last name theres this guy I have not seen in 12 years I never had sex with him and hes trying to claim my 1 year old my 2 year old and 5 year old hes trying to make me do a dna test and last time I seen him was 12 years ago and we never had sexual realtion can he do that he said hes going to take my kids from me hes not even the father of them do I have to take a dna test?
Hi, Mary. You are under no obligation to do any DNA testing unless it’s court-ordered. If the court does deem that he has reason to pursue a paternity claim, then it’s wise to cooperate. Otherwise, the court will most likely rule in his favor, even if he isn’t the biological father. You said your kids’ dad isn’t on the birth certificate? Unfortunately, this is why it’s extremely important for a man to do so.
When wife got pregnant with my son just got back together after 5 or 6 month break. We were together 4 and half years. She confessed and told me that she didn’t know for sure. We both agreed it would be best to not do a DNA test and move forward with our lives. At that point we were not married. Before my son was born we did get married. I’ve never been treated or even thought for one min he wasn’t mine. He is my son. But now that me and my wife or getting divorced she wants to use him against me and hurt me. She said and ordered for a DNA test so that she can keep him from me. Can she do that?
Hi, John. It’s hard to say how a court would rule, but they generally do what they feel is in the best interest of the child. In your case, you were married at the time your son was born, and so the law considers you to be his, legally. This works in your favor. Your divorce attorney would be the best resource for you. It’s a tough situation to be in, and I wish you all the best.
Very confused says
If a man never signed the birth certificate and never had a DNA test, is it legal for him to be paying child support? As well as the mother dont want the dna test nor allow him to see the child.
Hi. We are a DNA lab and not a legal service, so that question is probably best answered by a family-law attorney.
My son is 11 and although my ex-husband has always known my son is his has never paid child support. We were married for 5 years and he didn’t bother to get on the birth certificate. Do I have to submit to a DNA test now that he’s”ready to be a dad”? I don’t want or need child support.
Hi, Heather. Were you married at the time your son was born, or not? That makes a difference. As for a DNA test, you would only be required to do one if he got a court order to do so.
If I already got a DNA test and the results were a 0% chance he was mine. The mom says she is going to take me to court for child support. Can I just show them the results of the DNA test? Also can a refuse another test since one was already done at the lab?
Hi, Mark. I’m not clear whether or not the test you’ve already done was a legal one or an at-home test? If DNA collection and submission to the lab was done at an approved facility, then it’s most like a legal one and those results should stand up in court. If you swabbed yourself and the child and submitted the samples, then those results cannot be used in court, even though a results report was issued from a lab. If she sues you for child support, you’ll want to retain a good family-law attorney.
My son’s father aren’t together we have been separated for a long time we never took a DNA test so when we went to court we both denied the courts DNA so now he’s known as the biological father but he’s not on the north certificate and my son still has my last name. Is it too late for us to ask for a DNA test even though we denied the DNA the first time and signed the paper agreeing that he is the biological father? I need help on this because I really want to ask for a DNA now.
Hi, Angelica. Paternity law is different for every state, so I suggest you contact a family-law attorney in your area who’s experienced in paternity.
Im claiming to be the biological father of a 6 year old little girl. Mother won’t admit Im the biological father but I know my face and ears and eyes when I see them. And I want to be apart of her life. What kind of Information or proof are the courts looking for when I file to ask for paternity test.
Hi, Brandon. Every state’s courts have different requirements for filing a paternity claim. Your best bet is to contact a family-law attorney in your area. Good luck!
My baby fathers and I split up when I found out I was pregnant, I soon then started dating my fiancé now he was there through my whole pregnancy and signed our baby’s birth certificate. We got married a week later but now my baby’s father wants to take me to court for a DNA can he do so ?
Hi, Mandy. Every state’s paternity laws and processes are different, so it’s hard to say exactly whether or not the court would order a DNA test in your case. My guess (and it’s JUST a guess since we do not provide legal advice) is that the court wouldn’t order one, unless you are suing him for child support or they believe he’s entitled to visitation.
hello my daughter is 2.5 and my boyfriend signed the acknowledgment of paternity and is on the birth certificate. My ex bf and saying that she is his and says he is going to bring me to court to get a paternity test done. Will I have to go?
Hi, Tania. Right now, your ex-boyfriend is only making a threat. If and when he actually files a motion in court, you should retain the services of a local family-law attorney, law service, or social worker.
My wife and I had my brother donate sperm because we wanted to have a child afterwards a child was in fact born I signed the birth certificate and have been an active father to my daughter paternity has never been contested we are in the middle of a divorce now and custody wasn’t contested by either one of us now my wife is saying I’m not the biological father will this affect my legal rights as a father and can I be forced to take a paternity test if I already accepted legal responsibility and established a parent child relationship
Hi, Dave. Paternity laws vary from state to state, so it’s best to contact a family-law attorney in your area for the specific answer to that question. Generally speaking, a case must be made to the court as to why a paternity test should be ordered, and then the court makes the decision. They always act in the way they determine is in the best interests of the child. Good luck!
Hi my daughters mother married her husband when she was 7 months pregnant with my child which I had no knowledge of me being incarcerated and I’ve had to search 8 years for my daughter my question is do I have any legal rights can I sue for custody can I file criminal charges against her and him for paternity fraud knowing that was my child and blantanly trying to keep me away from my child? And her demands for child support because she’s keeping me from having contact with my daughter not to mention she slept with me while she brought my daughter to see me what can I do this is not fair that she’s using my daughter as a puppet
Hi, Andre. You are asking legal questions we’re not qualified to answer. Please contact a family-law attorney in your area and I’m sure they’ll be able to help. Good luck!
I was separated from my ex husband when I got pregnant with my son by my current husband and because I was still married to my ex husband yet separated home affairs department used my ex husband’s surname on my son’s birth certificate. We have been advised by home affairs to do a paternity test with my current husband who is a biological father of my son in order to use his surname and it came back 99.9 percent that he is the father so home affairs is then asking me to do a paternity with my ex as a procedure on changing my son’s surname to his biological father’s. At first my ex agreed to do a paternity test but now on the eleventh hour he is refusing. What shall I do to make him do it?
Hi, Doyle. Only the court can compel your ex to do it. Good luck!
My son just had a baby with this girl and the baby is gonna be 3 months old she never put my son on the birth certificate does he have the right to refuse a DNA because I believe she wants to get him for child support.. and he doesn’t want to go through the courts
Hi, Angie. If a court orders a paternity test and he refuses to comply, chances are good that the court will name him as the legal father because he refused to test. If it’s court-ordered, it’s never a good idea to say no.
helo..the father of my child passed away and he was married.now the wife demands a dna test,although it was done long before she married the guy,and the maintanance was being paid .she is running away with the pensions and refuse that she knows the child,whereaa the maintanance was being deducted from the fathers salary
Hi, Lutho. Whether or not you need to do a DNA test is entirely up to the courts. It’s never a good idea to refuse one, but you’re under no obligation until the court makes the order.
My son is 1 years old now and he has the same last name as the person I thought was father but he is not the father and he is not on the birth certificate but he went to put himself on child support and I have been receiving paper work with a court date and dna test … can my child’s last name be changed with no problem and Can I get in touch with someone at the child support office and get this thrown out?
Hi, Leaah. Those are questions for a family-law attorney or other legal service in your area. Good luck!
I live in Illinois and an ex that live in Missouri has served me with papers for paternity. Problem is he knows and always has known us is not the bio father. My child is 3 now. My son has only lived with him for the first 7 months then I had to file a restraining order from him because of violence in the home. I lived in Las Vegas for several months I had to move back short notice and didn’t have anywhere else to go but back to my ex in which case I only lived there for 9 months. I have proof of his knowledge of him not being the father. I also have evidence of abuse in his home aswell. Can I present this evidence to deny him paternity.
Hi, Jennifer. Those are questions that are best answered by a family-law attorney or other legal service specializing in family law and domestic disputes. Good luck!
Hi my name is bleu I was wondering if my son father wanted me to attend court in Illinois for paternity and I denied with would happend too me would the court throw it out cause I’m not Corporative with them and my son father name is not on the birth certificate and he wasn’t around me my whole pregnancy even now
Hi, Bleu. It is ALWAYS wise to cooperate with the court.
Ok i have custody of my daughter my wife adopted her well my ex just had the state take her other 3 kids away. One of the three children has my last name but child is not mine children service sent me a letter about a hearing of said child they are alleging me as the father will they try to come after me or not im not worried i just like to know whats gonna happen
Hi, Justin. First of all, you should retain a family-law attorney who specializes in paternity law. If the court orders a paternity test, by all means take it. Otherwise, they will most likely declare you the father even if you’re not biologically related. The courts tend to rule in favor of the welfare of the child.
If this person has been harassing me and I’ve told him multiple times my child isn’t his and I refuse to take a paternity and she is now 5 years old? Could I refuse that ?
If he takes you to court, you should definitely not refuse a paternity test. Until then, you are under no obligation to do so.
can child support be awarded thru the courts even if the legal guarding does not petition for support and dna test prove the other party is a biological parent?
Hi, Chris. That’s up to the court. This question is best answered by a family-law attorney in your area who is expert at paternity law and understands how these types of cases are usually handled in your particular state.
My husband is on our sons birth certificate, but my ex boyfriend thinks the child is his. Can my ex get a court ordered paternity test if there is a father already on the certificate?
Hi, Ashely. Really, that’s up to the individual court and depends on the situation. However, as a rule, the court rules according to what they think is in the best interest of the child. And since you’re husband is already taking responsibility as the legal father, the court may deny the request for a test.
24 years ago my husband slept with one of his ex while she was dating someone else. She became pregnant and he asked was he the father of the child and she said no. 24 years later three weeks ago we get a call saying that he is a father because she took a paternity test with her now ex-boyfriend 12 years ago andhe wasn’t the father. 12 years ago she still didn’t tell my husband that he maybe the potential father. The 24 year old just found out because he got in an argument with who he believed was his dad and the man blurted out that he wasn’t his father. He said he wanted to know who his father was and we were going to meet up and have a paternity test done. 12 hours before they were supposed to take the test the child changed his mind. Can my husband subpoena him to take a paternity test? We don’t want them to keep interrupting our lives. He wants to know and then he don’t want to know. I just want this to all be over. We live in Virginia.
Hi, Louisr! That decision is up to the court. Since the child is an adult and custody or child support is not in dispute, they may not choose to honor the request, unless the young man wants confirmation in order to collect future inheritance or other filial benefits. I suggest you contact a family-law attorney in your area for a sure answer. Good luck!
I’m doing a report on paternity testing and who has what rights for results. Let take a scenario, if a child wants a paternity test. The mother is not involved in the paternity testing. The child and father find out the results. All of a sudden, the mother wants to know the results as well, does she have any rights to these results?
Hi, Morgan. For an at-home test, we have no way of proving whether or not the samples submitted for testing are truly from the mother in question’s child. Unless her name is also on the test, we cannot give her any information, for security reasons. If the alleged father chooses to do a legal, witnessed test (where all aspects of the test are supervised by an approved witness, IDs are checked, etc.), then the mother can request to see results if she is the sole legal guardian of the child. Hope this helps!
As a mother of my son, my husband signed my son’s birth certificate when he was born and when the other sperm donor was in prison, now he is out and he wants to start harassing me and threatening me about taking me to court for a DNA test can I refuse to go if I choose as a mother to protect my son? I don’t want to change the father even if he is not biological father I still want him on my son’s birth certificate and I don’t want to change that. So I’m worried what can I do?
Hi, Renee. Even if this man takes you to court and they decide he has a case to make a claim, the court always rules in a way that is most beneficial to the child. Of course, if this ends up in court, get yourself a good lawyer. Good luck!
My daughter was born prematurely and my ex husband signed the paternity acknoledgement form. Now the guy i had seen over a year ago filed for paternity because he wants to make my life a misery with my ex. In the state of florida can i refuse to do the paternity?
Hi, Jessica. If the state makes an order for a paternity test, it’s not wise to refuse it.
I need some advice I live in Texas so I dont know if it would be different rules from y’alls location.I. have a six week old with my fiancee and his name is on the B.C and my ex has recently contacted me about how he thinks the baby is his and wants a dna test can I refuse r deny the court ordered dna test?
Hi, Leslie. If a court orders a DNA test, you never want to refuse. When a parent refuses, the court often rules in favor of the other party.
My husband slept with a girl and gets her pregnant, he signed the birth certificate. How can we get a DNA test done? We live in the state of Florida.
Hi, Teasha. It depends on what you want the results for. If you just want to know for your own information, then you can buy our paternity kit at CVS, RiteAid, Walgreens, or Walmart. If you intend on using the results in court, then give our parent company (DDC) a direct call and we can make all the arrangements for you to test at an approved facility near you in Florida: 800-344-9583 (M-F, 8:30 am to 5:30 pm Eastern).
How can I find out where my child’s father works when I don’t have a social security number? The courts have been calling him and leaving him messages and so have I and he refuses to speak to anyone reguarding a paternity test. The courts aren’t helping me much on this so it’s up to me. Please if you can give me some advice that would be great because I can’t afford a private attorney.
Hi, Chelsey. You may want to contact your state’s Department of Child and Family Services to see if you have access to social workers or free or low-cost legal services. Good luck!
I am pretty certain that my daughter does not belong to my soon to be ex husband, who is mean and abusive. We were not married at the time I had her. Can I request that he take a court ordered DNA test in PA
Hi, Felicia. That is a question for a social worker or law service in Pennsylvania. Good luck and be safe!
My friend has been told he is the father if a 2 year old he has been in and out his life due to them arguing and then him having health issues and past partenrs ince all this he has supported himself to get back on to his feet and stable , he wishes to see his son and pay towards tho gs he needs but he isn’t on the birth certificate and the mother says no does he have any legal right and if he was to request a DNA and then to be put on birth certificate how would he do this
Hi, Paige. He needs to contact a family-law attorney. Since the mother says no, it will probably need to go through the courts.
If someone’s test already came back positive do I have to get another test done by the one who thinks he could be the father?
Hi, Monica. The answer is no because two men cannot be the biological father of one child. The only exception to this might be if the two alleged fathers are very close biological relatives (brother or father, for example), and the lab was not notified of this possibility prior to the original test.
My husband has a 6 month old daughter with his ex gf but his name wasnt written on the birth certificate, the girl keeps on demanding for a higher child support at the same time block mailing him in his company. Question is can my husband deny signing the birth certificate?
Hi, Ammy. Your boyfriend should request a paternity test right away to determine if he’s the biological father of the child before signing the birth certificate or acknowledgment of paternity.
My 5 year old son just did his DNA test yesterday at hd department of revenue office. The lady who took the DNA test said the next step is to have the father take a DNA test. She said they will mail him papers to come and take a test. What If he never show up to his appointment to take a DNA test? Like what if he ignores it? What will happen?
Hi, Akirret. In cases where a court-ordered test is ignored, many courts automatically rule against the alleged father if he doesn’t show up for testing. Not always, but this is often the outcome.
I was dating someone for 6 years now, I slept with her in January 2015, then I went back to school as I stayed in school res.she called in march 2015 and told me she is pregnant and its 3months and when i took her for a sonar in July 2015, the doctor told me that she was 34weeks pregnant. I had my doubts because I was away in November and December 2014 and when i told her, I was threatened by her family. I kept quiet and agreed to support the child, now I was given maintenance papers from court demanding I pay R5000 monthly for the child and when I asked for a DNA test, she is refusing. What action can I take? I need help, I feel cornered.
Hi, Khanyi. The time to request a test was before you agreed to support the child, unfortunately. You’ll need to contact a family-law attorney to see what your best options are.
I went out with my ex boyfriend on and off for three years, he was both physically and mentally abusive. We ended it and i got with someone new, i ended up becoming pregnant and my new boyfiend has been with me the whole time and signed the birth certificate. I never told my ex about the pregnany because i didnt want anything to do with him, he ended up commiting suicide and somehow his family found out i was pregnant and his sister keeps calling me becauae she wants to have a dna test, do i have to do this? Considering the fact that he is no longer with us. She said that she is going to get court orders. Can she do that, hes no longer here?
Hi, Nicole. We aren’t legal authorities, but experience has taught us that his sister’s claims probably won’t go anywhere, especially since you’re not trying to make claims on his estate.
AnnMarie Taylor says
My daughter was conceived by date rape 15 years ago. The perpetrator has a criminal record of statutory rape. I did not put his name on her birth certificate. I never wanted to have anything to do with him or have my daughter have to have anything to do with him either. 15 years no contact and I thought this was a closed book and my husband of 10 years and my daughter’s “Father” have a strong nuclear family. 3 weeks ago he calls my husband demanding contact, paternity tests, and paternal rights. My husband and I are determined to do everything in our power not to allow the perpetrator any hold on our family. My daughter likewise does not wish to have anything to do with him. We moved out of the country. But because my husband needs to finish a schooling program and still needs to work, he is still in the USA while I have taken our three children. It has broken our family apart quite painfully. Is this the only way to make sure that the perpetrator can not obtain any claim in our home?
How old would our daughter have to be to refuse to take the paternity test? If papers are served while we are gone, is there a period of time after which they are no longer valid? Is there any way to find out before being served papers if a case has been filed?
Hi, AnnMarie. This sounds like a really rough situation! These are questions best answered by a family-law attorney in your area since paternity law varies from place to place, but my opinion is that it’s hard to believe that a court would rule in favor of this man.
Hey how can I get my DNA results?
Hi, Elizabeth. When results are ready, an alert email is sent to the email address associated with the case. You can then log in to your secure account at dnatesting.com to access results. If you need help logging in, call us at 888-404-4363 (M-F, 8:30 am to 5:30 pm Eastern).
Hi as a mother do I need permission from the father to take my child out the country if DNA proves he’s not the father but he sign for him?
Hi, Lashawn. That’s a legal question best answered by a family-law attorney where you live.
When the alleged father petitions the court for paternity testing, what happens if the mother denies ever having a relationship with the alleged father?
Should evidence be brought to court to show that there was actually a relationship?
Hi, Shanell. Every court is different and every state has different guidelines it sets for whether or not there is a legitimate claim for paternity.
I am going through a divorce with my husband. We have been together 11 years and married for 4 years. He has been paying child support for 2 years since we separated due to his infidelity and abuse. He now wants a DNA test on all 4 Children ages 11,7,5,2. The court says he must pay for it and contact me. Am I able to refuse this? I am in the state of Ohio
Hi, Carmen. You always have the option to refuse, but it’s a risky strategy. The court may rule in favor of his claim since you refuse to comply. You may want to contact a family-law attorney. Good luck!
If my child’s father is in jail and I file for a test, does he get a letter showing the results or do we both find out?
Hi, Jazmyne. Everyone who participates in a legal (witnessed) DNA test has the right to get results.
Im court ordering a pregnant party to do a dna test if I am the biological father can she have the baby with informing me prior to birth?
Hi, Realdad. That’s a question best answered by a family-law attorney where you live.
My granddaughter, who is nearly 6, has no father identified on her birth certificate. Over the last 3 to 4 years both my daughter and myself have made several approaches to the person we strongly believe is the father, but he refuses to discuss the matter. We don’t want any support from him for my granddaughter unless he wanted to give it freely, although that would seem unlikely. However, we still believe it is better for my granddaughter to know who the father is even if they have nothing to do with each other. Are the courts likely to side with us and sanction a DNA test? Might we have a stronger case if we suggested we wanted child support, even though we’re no really after that.
Hi, Mike. Your question is entirely a legal one and every state’s paternity laws are different, so your question is probably best answered by a family-law attorney. Good luck!
My daughter father died a week before she was born but I have in text format him saying he was the father. His family won’t participate in a dna test. Is there anyway I can establish paternity still?
Hi, Lady. His family’s participation is essential for any kind of DNA test, unfortunately for you. Maybe someday they’ll have a change of heart.
Another man filed for paternity for my 3yr old son and it was court orderd. Turns out he is biologicaly his. But this man does this 3 yrs after my son was born. I never questioned that he was my son i raised and signd birth certificate. To my son im dad he doesnt even know the ather man. He was awarded visitations. Keep in mind i did not know the this hole court thing was going on till my wife gave me the papers. The hole thing went on as if i didnt exist even though my with kept mentioning me to judge. What can i do to fight this. I live in California
Hi, Luis. That is a question best answered by a family-law attorney in California. Hopefully you can get the legal answers you need!
Hey I would like to know if someone serve you a summon to establish paternity test but I never receive the papers what could happen
Hi, Mike. The court may rule in favor of paternity by default, since you did not reply to the summons. I was start asking questions…fast.
Need to have DNA on adult child, can I have court order this
Anna, I need more information on the situation to answer this question properly. It may be best answered by a family-law attorney in your area.
A woman called and claims in on her list as a potential father to her 10 year old child. She just began the search the last few months and is claiming she can make me pay back child support etc. I don’t believe I even held hands with the gal and she’s crazy. Needless to say is there a time limit on how many years can pass before she tries to find the father and make random guys take tests to find out? Washington state!
Hi, Junior. That question is best answered by a family-law attorney in Washington State.
I am 17 years old and my absent father is now asking for a dna test, can i refuse?
Hi, Maria. It depends on what paternity laws are for your state and whether or not the absent father has any legal authority over you, since you’re still a minor child. For example, is he on the birth certificate or was he married to your mother when you were born? You and your mother should probably consult with a family-law attorney if you want to refuse.
I have a male son that is 25 years old and lives in North Carolina. Me and his mother weren’t married when he was born.
We don’t have many similar physical characteristics. Her mother made comments for old friends that leads me to question my son’s paternity. At this point I think the matter is between me and my adult son because of his age. he refuses to give me DNA samples to proceed with a DNA test.
Hi, Paul. There’s nothing you can do unless he agrees to test.
Joanie S. says
I am married but my husband and I were separated at the time I got pregnant, although my son could still very well be his bc I was with him and a one night stand within a few weeks of each other. Now, the one night stand guy is swearing that he’s my son’s father and wants a paternity test done so he can be in his life. But honestly I think it’s just bc he wants to be in my life. He’s psychotic and after we were together just the one night, he was trying to get me to move in with him after and then followed me from nj to nc when I moved. This was all before he knew I was pregnant or had the baby. He found out on fb and then started posting the pics of my son from my page onto his page saying that’s his son and sh*t. He has drug problems and recently got out of jail AGAIN, and although I’ve had those same issues in my life before, I’m done with all of that and don’t want my son around it or anyone who’s still living that way. If I did, then I’d still be with my husband. He, by the way, also believes he is the father and has already fathered 5 of my children so it would make more sense that fathered this one too. My son is almost a year and a half now and he’s only really been around me. My husband was around for the first several months but left us to go back to nj. I don’t care about child support and honestly don’t trust this other guy to have him even for visitation bc he seems dangerous with his temper and drug use. I made a bad decision the night I hooked up with him but I don’t want to pay for it the rest of my life or worry that he could ever be granted any kind of rights to my son. Am I able to refuse a paternity test if he tries to take it up in court? I don’t have the money for an attorney but I would do ANYTHING to keep him from getting rights or visitation. Please help!
HomeDNA Identigene says
Hi, Joanie. What a rough situation! Keep in mind that the guy you had an affair with has no rights to your baby at all unless he pushes the issue in court. Since your husband and you were still married at the time the child was conceived and born, the state recognizes your husband as the legal father. So need to worry and panic yet…if the one-night-stand petitions for a paternity test, the court doesn’t have to approve it. They usually act in a manner that they think is in the best interest of the child.
My fiancé had met a girl a few months before me and then they didn’t work. When him and I got together, she was pregnant. It wasn’t until she was seven months pregnant that she messaged him and told him he might be the father. But then she started dating an old boyfriend who was the other person she had slept with the same time she slept with my boyfriend. When the baby was born, she said that the baby looked nothing like my fiancé. She said that the other guy was going to do a test and that she didn’t need my fiancé to test. She said that she would show him the results because he wanted to know if it was his child. She refused to send him anything and the baby clearly looks like my fiancé. She refuses to say anything to us.
HomeDNA Identigene says
Hi, Anna. If he can prove to a court that he has a legitimate claim to possible paternity, they may order a test. If so, the former girlfriend would be compelled to allow him to test. You should discuss this with a family-law attorney where you live. Good luck!
Hi this situation is hard to overcome. My husband has a child he highly doubts is his. Of course mom Denys the child ever being someone else’s but for the well being because we most definitely are sure the child is not my husbands we would like for the child to be with either mom or biological father. My question is even after taking a paternity test that proves my husband is not the father. Is it possible to find the biological father through dna testing if we don’t have an idea of who dad could really be in person?
HomeDNA Identigene says
Hi! Let’s say they do the paternity test and your husband gets a 0% probability result. There are ancestry companies today that offer the option to share DNA profiles in the hopes of finding possible family members. The child’s mother (or someone else with legal authority to act on behalf of a minor child) would need to submit a DNA sample for the child to one of those companies, in the hope that a biological relative of the child has done the same. It’s a long shot.
Ok folks, I’m in the state of Louisiana, an my question is if a mother has a child an the father has verbally refused the child being his. An his name is not on the Birth certificate no where an somebody else’s name is. Can he or the so called grandparents make the mother go for a DNA? The guy has been in an out of jail for arm robbery an the list goes on. An she does not want this guy in her child’s life.where does she stand with a case like this??
HomeDNA Identigene says
Hi, Frank. It’s up to the court’s discretion whether or not they would enforce a request from the alleged father/grandparents to have a DNA test done. Unless the request comes through the court, the mother is under no obligation to do a DNA test. The alleged father is not on the birth certificate, so the odds are not in his favor on this. If he does pursue court action, the mother needs to consult a family-law attorney.
My husbands ex girlfriend had a baby about two years ago, and didn’t tell him she was pregnant until she was already 7 months pregnant. He wanted a paternity test done but they live in different states and she refused to be in contact with him. When my husband and I became serious she tried to send paperwork asking for child support. We paid for an at home test but she refused to take the test. Then she dropped off the face of the earth. Now over a year later we have a child together and she is yet again trying to get us to pay child support. We can’t afford a lawyer and since she lives in another state we were told we couldn’t do anything. I want this to all end, but what can we do if she refuses the test but continues to send paperwork?
HomeDNA Identigene says
Hi, Sierra. Has she actually taken you to court or is she just sending you the paperwork hoping he’ll agree without a test? You really need to get some legal advice, I’m afraid.
My son and his ex girlfriend broke up when she was 4 months pregnant and soon after told him and closes members of our family that she was having complications and was scheduled to induce labor a week later and my son was devastated went into depression for bout a month not knowing if his litttle princess was ok or not she lives bout 7 hours from us so all we could really do is ask if she would send us some kind of proof and she couldn’t provide anything to us since then another month has passed and I see a social media picture not really to clear as she is squatting and is barely half way but I am pretty sure thats a baby bumb now I’m trying to search all our options seeing that is our princess is ok and healthy she will arrive in January can anyone give this worried grandma to be any advice please
My daughter is now 22 and after all these years herfather wants a dna test causehe married a woman who has 5 kids with all different dads, and some women in his family have lied alos who the father of their kids was. Back in 1997 we were in court for the child support establishment and dna test was offered and he refused which everyone knows in our town that that was his kid including his family, we livedin a town where everybody knows each other or is related to each other some way. After I was 2+ months he got locked up the end of April 1996, I concieved between Feb 21-23 1996, expected due date was Nov 15th, I had her Nov 16th. He did 19 months in jail and got out when our daughter was almost 7 months old, and yes I was taking her to see him the whole time, around his family and living with them as well for almost 5 years, never cheated and he knows that along with everybody else. Now after all this time because his arrears are about $21,000+ and I will not waive them he wants a dna test cause he wants to say that I had her when he was locked up? I am not sure my daughter will agree to it, she looks, just like him and he does not want nothing to do with her, threatened her life a couple times, and everything. He claimed he loved her all these years, no problems while he was in jail, but now cause his wife doesn’t like her he wants nothing to do with her, and denys her now. Can my daughter refuse the test, can the arears get waived, being over the last 20+ years they have been adding up while he was in and out of jail?
HomeDNA Identigene says
Hi, Hyron. Your daughter can refuse a test that’s not court-ordered. As for the whether or not you can collect arrears, that is a question best answered by a family-law attorney. Good luck!
My child is 10 mo old now & my bf is her father on her birth certificate. Does the ex have the right to ask for a paternity test now?
HomeDNA Identigene says
Yes, Kiki. In most states a man has two years to contest paternity. You may want to consult with a social worker or family-law attorney about it.
Is there anyway of getting out of court order paternity test? My ex is trying to drag me to court and she slept with multiple men. I dont Want to take the paternity test. Please tell me there is a way of getting out of it
HomeDNA Identigene says
Hi, Akim. You don’t have to test, but it’s not a good idea. If you don’t agree to test, the court may name you the legal father even if you’re not. I recommend asking a family-law attorney in your area for advice also.
My son died and he acknowledged a child who he was told was his but the mother put unknown father on the birth certificate. She is now trying to get soc sec and also a part of an injury settlement. I am the mother being subpeoned to court to be interrogated. Am I required by law (Louisiana) to take a dna test is the judge commands? I do not believe the child is my son’s. He died on the child’s 2nd birthday.
HomeDNA Identigene says
Hi, Brenda. My condolences on the loss of your son. The best advice I can give you is to consult with a family-law attorney or social worker in Louisiana to see what the law is there. I can tell you, however, that in many cases, courts will rule in favor of the petitioner if the person requested refuses to test. In other words, if you say no, the court may name your son as the legal father even if the DNA test would have determined he isn’t.
Judge ordered paternity test but the sex was non-consensual and now he wants a paternity test the man that possibly might be her dad I refuse to can I get into trouble I don’t need my daughter to be hurt for the past eight years she only knew one man as a father which is the father of my other children do have to do the DNA test?
HomeDNA Identigene says
Hi, Al. It’s never a good idea to refuse a paternity test, although you have every right to do so. As far as getting “into trouble” for not doing it, the main trouble you’re facing in refusing is that you risk having the judge rule that the other man is the biological father by default. Are you working with a family-law attorney? If you’re not, it might be wise to get legal advice. Good luck!
Can CPS block the results of a paternity test to keep the alleged acting father from learning what he suspects isn’t his child is in fact not his? This guy was super dad and has always acted and provided for the kid. They were married when the child was conceived and he is on the BC. But has always had questions about his wife’s loyalty early in their marriage and now that they are getting divorced feels that he needs answers. He suspects she is lying and doesn’t want to have to force paternity results to get her to open up and come clean about it. He just wants the truth and to continue as the child’s acting father in spite of this all.
HomeDNA Identigene says
Hi, Kevin. That’s a very specific question that your friend should ask a family-law attorney in his area.
So my friend met a guy and after sometime together they got pregnant. She realized that he was immature and stupid and decided to keep the pregnancy to herself and never told him. The baby was born healthy and wonderful. After about 6 months, someone saw my friend out with her son and noticed he is the SPLITTING IMAGE of the father and told his family. Next thing you know, the father showed up at her job and asked if the baby was his. She told him no and even went as far as lying and saying the baby’s father is in the military and told him to not come to her job again. No one believed her (not a good liar). If a female says a man isn’t the father of a baby but he thinks he is can he force a paternity test? Keep in mind, at this time the last time she saw him was when they conceived the child. She hadn’t seen or heard of him since then.
HomeDNA Identigene says
Hi, Maharishi. If there is enough evidence to support the possibility of his being the father, a court could order a paternity test, yes. If she refuses, the court may rule in his favor anyway, so it’s not a good idea to refuse.
The only proof without a test is someone thinks he looks like the dad. That’s it! The lie she told actually has more proof that he isn’t the father.
I slept with a girl in 2012. She was married and had a baby. Her husband signed the birth certificate.
She suggested it might be mine in 2015. She administered a non-legal paternity test and told me I wasn’t the father. She swabbed me and the child.
I moved on with my life and I’m about to get married. Now I’m suddenly served with a court order.
It’s just awful timing. If I am the father I could have made different decisions. Now I feel like the life I’ve worked hard to build is about to fall apart. My fiancée might now bolt.
If there is already a father on the BC and I was deceived in 2015, do I have any recourse.
I feel like she has been jerking me around and not having any consiquences.
If I refuse the test and there has been a father on the BC for 6 years… will the court really remove the father and add me on the BC?
HomeDNA Identigene says
Hi, Bob. In reply to your question, that’s really hard to say for sure since each case is different, but courts generally don’t remove a legal father for paternity reasons alone, especially for a child this old. You have two things in your favor: (1) The husband is already considered the legal father, and (2) You did a home DNA test with results that supposedly already determined you’re not the father. Did you ever see that report herself or did you take her word for it?
You should probably consult with a family-law attorney before refusing the test.
Thanks for the article. I am 42 and just now doing Dna test to figure out who my Bio dad is. Was lied to my whole life and now my mom – who raised me alone-is gone so feel free to figure it out. I canceled out the one on my birth certificate and now Dna proves he isn’t. My dna mate s me closely w a woman whom is the sister of a “Tommy” all my family living confines my mom had a boyfriend back then named “Tommy”. She literally looks like an age progression of me. Anyhow she is refusing to help, he knows about me and has his this from his family for my whole life- I now have figured this out. He obviously never wanted to be found… his infor is super private and hard to find and it doesn’t help that he has probably one of the most common last names in the country.
So I’m stuck, now that I do believ I know the truth, what are my rights ? He obviously is happy my mom kept his secret and he could go on pretending I didn’t exists. I seriously do not know what to do. Do I have any legal rights? Should I wait till he passes then make a claim if he has any money? If I approach him now ( after hiring a PI to find him cause I can’t anywhere) can’t he just write me out of a will vs me showing up after he is gone to make a claim and then can prove with dna ?? Any advice would be helpful.
HomeDNA Identigene says
Hi, Barb. This is a question for a family-law attorney in your area to see if your argument for a case-ordered paternity test is a valid one. Good luck!
If I don’t comply with the establishment of paternity cuz I know he is my baby’s father and he also knows 100 percent he’s the father and is incarcerated so couldnt be put on birth certificate that’s why they establishing paternity and hes on SSI what’s the worst that can happen ..will they just cut my food and cash benefits or would I get arrested for not doing it..he wanna sign it when he gets out
HomeDNA Identigene says
Hi, Lynn. Those are questions best answered by a family-law attorney.
Hello, I’m a 16 year old minor about to be 17 in September & My sons father is a 36 year old. His wife had said in family Justice Center Courthouse that she wants a dna test to see if my son is his, can a judge approve of the request? If I refuse to have my child dna tested will there be any consequences for me or my sons father? Also she has been harassing me, insulting me, making fake profiles to get to me. I was never forced to have sexual relationships with him. My parents don’t have a problem with me being with him, is there any way I can be with him without him going to jail?
HomeDNA Identigene says
Hi, Ana. Because you are a minor, all questions should be addressed to a family-law attorney.
My baby momma just got our daughter taken by dfs! I was not on the birth certificate so before I can get custody of my daughter the court has ordered a DNA test! They said it could take months! Is this true an if so what can I do to speed this along?
HomeDNA Identigene says
Hi, Johnny. The timing is entirely up to the court. If you haven’t yet, you may want to consult a social worker or family-law attorney.
If my husband had an affair and now the girl is claiming to be pregnant with his child although she’s been known to sleep around , how can he legally get her to take a dna test or can i as the wife take legal actions or matters to make her take the test to prove it’s his if I’m still legally married to him ?
HomeDNA Identigene says
Hi, Amber. That is a question best answered by a family-law attorney in your area, since paternity law varies from state to state.
fearful mother says
i have been trying to get a paternity order filed thorugh ocss for 2 years now the father is demanding that i allow visitations but he has constantly made threats of not returning her because we do not have a custody order and there is nothing on paper to protect me from the courts and some other personal things that the father has admitted to show me that i need to make sure he does not see her until there is some sort of court involvement but the problem is i have been fighting to get something done for almost 2 years now and no actions have been taken by ocss i dont care so much about the child support as i do the protection that omes from a custody and visitation order coming from a judge but what i want to know is what do i do i know that with my fears i do not have to allow him to see her and i wont until i have some sort of protection i just dont know what to do ocss will not enforece anything ive given them all the required information ive even given them his address and employer address is there any other steps i can take to move this along so that i feel safe
HomeDNA Identigene says
You need to contact a social worker or family-law attorney in your area right away! You don’t want to try to go this alone.
My husband is 25 and it just came out that the man who was thought to be his father in fact isn’t. That man is trying to sue his mother for all his back child support. The court has called my husband in to take a DNA test. My husband hasn’t had a relationship with either parent for years. Is he required to help them solve their family squabbles?
HomeDNA Identigene says
That is a question best answered by a family-law attorney who has first-hand knowledge of the case, Penelope. Sounds like a rough situation. Good luck!
If your grandson is being raised by a man that may not be the father and the mother’s not active in his life can the grandmother petition the courts for a DNA
HomeDNA Identigene says
Hi, Alicia. Since laws can vary from state to state, that’s a question best answered by a family-law attorney where you live.
Gina williams says
Me and my significant other had our child and he signed the birth certificate and acknowledgment of paternity but since I put him on child support now he is asking for a dna test to make sure . Can I refuse and do I need a lawyer to do so?
HomeDNA Identigene says
Hi, Gina. Unless the court compels you to test, you are under no obligation to agree to testing. If the court agrees that a test is warranted, then you should contact a family-law attorney near you.
Hello, my daughter is 14 years old. Her father signed an acknowledgment of paternity a few months after she was born and was added to her birth certificate. She has his last name, lived with both of us, and he has actively been in her life ever since. We are now married for a year now. Can a ex boyfriend from over 15 years ago who lives in another state all of a sudden petition for paternity? And would a judge demand a dna test after all of these years?
HomeDNA Identigene says
Hi, Rebecca. The ex-boyfriend can petition the court, but that doesn’t mean a judge would allow the case to go forward. It really depends on the details of the individual case, doesn’t it?
Are there any penalties if a man who is not in a relationship with the woman requests a paternity test and it proves its his child?
A friend of mine is under the impression he will be put on child support automatically if the test proves it is his child (as opposed to the mother filing on her own accord)
HomeDNA Identigene says
Hi, Carolyn. Every state has different paternity laws, so that is a question best answered by a family-law attorney where you live.
How do I get a man who wants nothing to do with me to legally take a DNA test for my 1 year old son? I was 18 when I got pregnant and he told me he was 19 but I found out he was really only 15. I believe he was older considering his 2-3year old daughter and that he no longer lived with his parents and was told by his friends how old he was. He don’t want to take the test cuz he told everyone I cheated on him. Which isn’t true cuz 1 I never left his side and 2 we were even dating because he refused to date me even knowing I’m pregnant. I left 2 months in to the pregnancy out of fear. He was on drugs and drinking all the time and getting locked up.. he’s crazy. But I just want my son to know who his real father is when the day comes that he asks me about him. I just want what’s best for my son even if that means I could get in trouble. His mom said if I ever come after him for a DNA test she’ll say I raped him.. I grew up bring raped since I was four and he’s a big strong guy and I’m tiny there’s no way I could of done such a thing. I’m just so scared I don’t want to loose my son I love so much and I’m pregnant with my second child currently. I just want him to see the truth. That it’s his son and I’m not a bad person. I don’t want his money or his help or anything from him.. I just want my son to know who his dad was.
HomeDNA Identigene says
Hi, Alazay. Have you spoken with a social worker, DCFS, or family-law attorney where you live? That’s the place to start. You need legal advice.
If the father is not the biological parent do he need to do a DNA test before taking a child to live in another country? Or it depends on the court seeing if its in the best interest of the child?
HomeDNA Identigene says
Hi, Slims. That’s a legal question best answered by a family-law attorney where you live.
Micheal G says
My ex gf was previously married before we were together and never officially got a divorce. Moving on she became pregnant while we were together and has never taken a paternity test and refuses to let me see the child after telling me I’m the father. She eventually got back together with her husband and still refuses taking a test for everybody’s sake. What should i do?
HomeDNA Identigene says
You should contact a family-law attorney if you’re interested in pursuing paternity rights. In most states you only have about 2 years to do so. Keep in mind that, because she was still married to her husband at the time the baby was conceived, her husband is considered the legal father of the child.
My ex girlfriend got pregnant whilst we were still together and she told me the baby is mine, well I knew the baby is mine as I was counting the months and I knew when the baby will be born, when the baby was born exactly the month I had counted, my job transferred me to another province and we started having arguements because of the distance, now she says the child is not mine and than she changes and says they don’t need me, so I asked her for a paternity test and she refused, the child is 4 years old now and she doesn’t want me to see my child nor give me proof that the child is indeed not mine, please help me what do I do in this case.
HomeDNA Identigene says
Hi, Vusumuzi. You should contact a family-law attorney right away to see what rights, if any, you have for the courts to order a paternity test.
A lady my boy friend had a 1 night stand with 15 years ago ( he cheated on his ex wife with, so this is way before him and I) we know the ex wife has given the lady our address and his information, due to the bitterness. Anyway here it is 15 years later this lady has went and filed CS for a child the just turned 15 and he knew NOTHING about. DCSE tried to MAKE him sign this child Birth certificate before even doing a test and he told them no. He don’t know if this child is his. Come on now! Where have you and then child been for 15 years? Why haven’t you been trying to reach out to resolve this matter!?! Anyway! This lady has went through the courts to get a DNA so she can get child support…can he refuse to give his DNA ? Like what can be done ? 15 years !!! He has 7 other kids and he takes care of all of them !
HomeDNA Identigene says
Hi, Tasha. If he refuses a DNA test, the court may declare him the father by default, so it’s probably not a good idea to refuse. I suggest you consult with a social worker or family-law attorney where you live.