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Establishing paternity when the father refuses DNA testing

When two people are unmarried when a child is born, they will need to establish who the child’s legal father is. Officially establishing paternity is an important step in helping the child learn about their roots and ensuring that they get the support they need. It also allows a father to establish a biological connection to ask for visitation or custody time. 

When you are not married, the child’s father will need to either voluntarily acknowledge paternity or go through DNA testing. Some men refuse these tests, and that’s when a court order could become beneficial.

Get a court order to establish paternity

If a man refuses to have his DNA tested despite his potential to be the father, then the mother can go to court to ask a judge to order a test. While the husband in a married couple will be assumed to be the father, the same is not true when a couple isn’t married. Therefore, the woman may need to provide evidence of dating or a relationship and petition the judge for a paternity test court order.

Once a court order is issued, the parties involved must comply. The test is painless and straightforward, and the results are usually returned within a few business days. 

Establishing paternity is essential because it helps mothers and their children seek additional support from the father. It’s also beneficial for fathers who wish to be a part of their children’s lives or prove that they are not the father of a child born to a past partner. 

 

Mara Law, P.A.
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