How To Get Court Order Paternity Test
When doubt arises about a child’s biological parentage, clarification becomes a priority. In most circumstances, parents prefer court-ordered paternity tests because they are legally binding, unlike home paternity tests.
This article will guide you through the intricate process of securing a court-ordered paternity test. Let’s get right into it!
Legal Grounds To Request a Court-Ordered Paternity Test
Legal grounds to request a court-order paternity test depend on your jurisdiction. Nevertheless, some of the common reasons include:
Child Support and Custody
Generally, spouses are considered the biological parents if the child in question was born when they were legally married. Likewise, parents can acknowledge paternity by signing a state form after a child’s birth.
However, if the father was not married to the mother when the child was born, or has refused to sign the state form, then the court might order a paternity test to prove parentage. This is essential to compel the non-custodial parent to help with the cost of raising the child.
Beyond that, fathers are also allowed to seek court-ordered paternity tests if the child’s mother has refused to acknowledge them as the child’s biological father. A court-ordered paternity test is essential since it will grant the father legal rights to the child, including the right to ask for court-ordered visitation and custody.
Paternity Fraud Suspicions
A court can order a paternity test in cases where there are doubts about paternity. If a man suspects that he has been misidentified by the child’s mother as the father, he can go to court to seek a paternity test order.
If the court proves paternity fraud was committed, the plaintiff could be awarded damages. For instance, in the case of Hodge v Craigs in Tennessee, damages were awarded to a man after a court-ordered paternity test proved that the woman had intentionally lied to the man that the child was his.
Nevertheless, it’s important to note that the rules for establishing paternity fraud can vary by jurisdiction and the circumstances.
Succession and Parental Benefits
A court can order a paternity test during succession proceedings if there is uncertainty about the biological relationship of an individual to a deceased. The court may order the test to determine the rightful heirs before distributing the property. However, specific rules and procedures can vary depending on your jurisdiction.
Immigration
During immigration cases, a court or immigration authorities may sometimes request a paternity test to verify the biological relationship between a petitioner and a beneficiary, such as a parent and child.
Court-ordered paternity tests during immigration proceedings usually happen when establishing eligibility for certain immigration benefits, such as family reunification visas. The paternity test will help to clear doubts on the relationship between the petitioner and beneficiary.
Adoption
A court can order a paternity test during adoption proceedings if there are concerns or disputes regarding the biological relationship between the child and the prospective parents or other individuals involved in the adoption process.
Beyond that, the child might want to establish the biological parentage for legal purposes and documentation purposes. Nevertheless, the need for a paternity test could vary depending on the laws of the jurisdiction and the circumstances.
What is The Process To Obtain a Court Ordered Paternity Test?
The process to obtain a court-ordered paternity test varies depending on your state based on the complexity of the state’s family laws. Nevertheless, the process usually entails the following steps:
Step 1: Fill up the paternity suit forms
Forms that institute a paternity lawsuit differ depending on the state that issued them. However, in many states, the primary legal form necessary to start a contested paternity lawsuit is called a “complaint of determination of paternity” or “petition for paternity.’
In some states, the form filed by the possible biological father is different from the one that is filed by a biological mother. However, if the father has already admitted his paternity, but the mother wants to establish his parentage, both parents can file a form known as the “uncontested complaint to establish paternity.”
Most of the paternity suit forms comprise two pages of mostly check boxes. These boxes will help identify who is filing the paternity lawsuit and the purpose for filing the lawsuit.
Step 2: Attach copies of relevant documents
Once you’ve filled in the paternity suit form, you’ll also need to attach relevant documents such as the child’s birth certificate.
Step 3: File accompanying documents
Depending on the jurisdiction, you might also be required to file other documents including a motion to require the possible biological father to undergo a DNA test, a motion for interim custody, and a proposed visitation plan.
Conclusion
Even though you can do a paternity test using a home kit, you need a court-ordered paternity test to win a case in your favor. It’s also worth mentioning that a court-ordered paternity test is mandatory and anyone who defies it could be charged with contempt of court which is a criminal offence with potential jail time.