How to Get a Paternity Test When the Mother Refuses
Talk to the mother of the child., Tell the mother why you want to determine paternity., Choose a testing facility that is court-approved or have the testing done in a doctor's office., Determine your next course of action pursuant to the results of...
Step-by-Step Guide
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Step 1: Talk to the mother of the child.
Let her know your concerns and that you want to establish paternity of the child.
Pursue the paternity test, if possible, without having to file a paternity lawsuit and request a DNA test.
Remember to remain calm, friendly, and non-threatening.
Find out why the mother does not want to submit herself or the child for a paternity test.
Understanding her reasoning will help you determine the best way to convince her to obtain the test.
The goal of these discussions should be to establish a relationship of trust between you and the mother, making her more likely to agree to testing without the use of legal compulsion. -
Step 2: Tell the mother why you want to determine paternity.
Be sure that she understands that determining paternity is in her own best interests and the best interests of the child.
If you believe a child is yours, you might explain to her the legal and financial benefits of determining paternity.
The child will have inheritance rights and the right to financial support.
If you believe the child is not yours, that child has a right to know its true biological father, and that knowledge will have lifelong emotional, psychological, and physical repercussions.
These include the right to know his or her medical history, inheritance rights, and child support rights, not to mention the right to a relationship with the father. , Instead of just buying a kit on the internet or at a drug store, testing through an approved facility will ensure that the results of the test are not contaminated and are unbiased.
This will ensure that the results will be admissible in court in case you need to use the results to contest current custody or child support arrangements.
Court-approved tests require what is known as a "legal chain of custody," meaning that the DNA sample itself does not leave the custody of those who are legally responsible for ensuring the purity of its results.
These tests cannot be done in your own home, where the results could be tampered with.
There are many labs across the United States that can handle your specimens (generally a small blood sample or cheek swab from both you and the child).
If you're uncertain if a lab is a good choice, contact your attorney before submitting to the test. , If the results confirm that you are the father, and you are already listed on the birth certificate, no more steps are needed.
Similarly, if the results confirm that you are not the father, and you are not listed on the birth certificate, no more steps are needed.
If the results show that you are the father and you are not listed on the birth certificate, and no one else is listed, if the mother is in agreement you can now file for an amendment of the birth certificate.
If no one is listed on the birth certificate, this process can vary by state, but is generally simple.
You can expect to file for a new birth certificate with your state's Department of Vital Statistics, which involves filling out a form, both parents signing the form to confirm parentage, and paying a required fee for a new birth certificate.If the results show that you are the father and you are not listed on the birth certificate, and another man is listed as father on the birth certificate, the court must order an "adjudication" which means that the court will decide (adjudicate) who the father is before amending the birth certificate.
You should consult a lawyer to begin this process, which can vary by state.If the results show that you are the father and you are not listed on the birth certificate, or if the results show that you are NOT the father and you are listed on the certificate, AND the mother is not in agreement or refuses to file for amendment of the birth certificate, you will need to take legal action by requesting a court ordered establishment of parental rights or termination of your paternal obligation. -
Step 3: Choose a testing facility that is court-approved or have the testing done in a doctor's office.
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Step 4: Determine your next course of action pursuant to the results of this test.
Detailed Guide
Let her know your concerns and that you want to establish paternity of the child.
Pursue the paternity test, if possible, without having to file a paternity lawsuit and request a DNA test.
Remember to remain calm, friendly, and non-threatening.
Find out why the mother does not want to submit herself or the child for a paternity test.
Understanding her reasoning will help you determine the best way to convince her to obtain the test.
The goal of these discussions should be to establish a relationship of trust between you and the mother, making her more likely to agree to testing without the use of legal compulsion.
Be sure that she understands that determining paternity is in her own best interests and the best interests of the child.
If you believe a child is yours, you might explain to her the legal and financial benefits of determining paternity.
The child will have inheritance rights and the right to financial support.
If you believe the child is not yours, that child has a right to know its true biological father, and that knowledge will have lifelong emotional, psychological, and physical repercussions.
These include the right to know his or her medical history, inheritance rights, and child support rights, not to mention the right to a relationship with the father. , Instead of just buying a kit on the internet or at a drug store, testing through an approved facility will ensure that the results of the test are not contaminated and are unbiased.
This will ensure that the results will be admissible in court in case you need to use the results to contest current custody or child support arrangements.
Court-approved tests require what is known as a "legal chain of custody," meaning that the DNA sample itself does not leave the custody of those who are legally responsible for ensuring the purity of its results.
These tests cannot be done in your own home, where the results could be tampered with.
There are many labs across the United States that can handle your specimens (generally a small blood sample or cheek swab from both you and the child).
If you're uncertain if a lab is a good choice, contact your attorney before submitting to the test. , If the results confirm that you are the father, and you are already listed on the birth certificate, no more steps are needed.
Similarly, if the results confirm that you are not the father, and you are not listed on the birth certificate, no more steps are needed.
If the results show that you are the father and you are not listed on the birth certificate, and no one else is listed, if the mother is in agreement you can now file for an amendment of the birth certificate.
If no one is listed on the birth certificate, this process can vary by state, but is generally simple.
You can expect to file for a new birth certificate with your state's Department of Vital Statistics, which involves filling out a form, both parents signing the form to confirm parentage, and paying a required fee for a new birth certificate.If the results show that you are the father and you are not listed on the birth certificate, and another man is listed as father on the birth certificate, the court must order an "adjudication" which means that the court will decide (adjudicate) who the father is before amending the birth certificate.
You should consult a lawyer to begin this process, which can vary by state.If the results show that you are the father and you are not listed on the birth certificate, or if the results show that you are NOT the father and you are listed on the certificate, AND the mother is not in agreement or refuses to file for amendment of the birth certificate, you will need to take legal action by requesting a court ordered establishment of parental rights or termination of your paternal obligation.
About the Author
Larry Rogers
Enthusiastic about teaching lifestyle techniques through clear, step-by-step guides.
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