The court system has a procedure that must be followed in order to request DNA be used as evidence. Both parties should first get in touch with an attorney who will create the required documentation and submit it to the courts. This procedure to prove paternity may be started by either parent (or alleged parent).
The petition will be served on all parties to the case after it has been accepted by the court. Both parties must be served if the claimed father is married to another person. In addition, this is how to get a court-ordered DNA test.
What You Should Know About a Paternity Test that Was Ordered by a Court
A lot of child welfare advocates concur that establishing paternity through DNA testing can help strengthen the fundamental economic, social, and emotional links between a father and his child. For their own peace of mind, many people get a paternity test done at home.
For medical or other reasons, they wish to confirm a biological tie or put long-held, troubling doubts to rest. However, in some cases, the law unavoidably requires a paternity test. A self-ordered paternity test with admissible results or a court-ordered paternity test is required in certain situations.
Here is all the information you require for both self- and court-ordered legal paternity tests.
Legal Paternity Tests: Self-Ordered vs. Court-Ordered
The court can require a DNA test to establish paternity in cases where the parents are not married yet paternity must be shown. This is frequently in response to a petition the state’s attorney general’s office filed seeking the court to assist in establishing paternity.
All parties’ cheek-swab DNA samples are often taken in court, a lawyer’s office, or a clinic. Be ready because the court can also require birth certificates, documentation of a marriage, or other court orders. Results are only supplied by the court, and parties may not be notified of them for 4-6 weeks.
Self-Ordered Legal Paternity Test: The court does not always have to order a paternity test for the findings to be admissible in court. Instead, parents can arrange for a legal paternity test themselves, keeping the results on hand in case they need to use them as proof in court.
A strict chain of custody procedure must be followed, and DNA collection must be witnessed by an authorized third party, in order for the paternity report to be accepted in court. The result, if ordered through Choice DNA, is available 1-2 business days after the lab receives all of the samples.
Moreover, there might be some organizations that might be providing free DNA tests, however, their results might not be authentic. You should always stick with professionals like choice DNA when it comes to court-admissible DNA testing or the ones you do for peace of mind.
Can You Refuse a Paternity Test Ordered by a Court?
Can someone reject a paternity test that was mandated by the court? Refusing a paternity test that has been ordered by the court is unquestionably a bad idea because, in the majority of states, an action to establish paternity is regarded as a civil case.
The person who refuses may occasionally be subject to fines or even legal action. In other situations, a court might render an automatic default judgment against the test refuser.
Reasons to Get a Paternity Test on Your Own or Through a Court
Child Support and Custody
The guy is assumed to be the father if a kid is conceived and/or born while the couple is still legally married. Even if a paternity test reveals that the man is not biologically related to the child and the couple later separates and divorces, the male is typically still regarded as being legally and financially responsible for the child.
Before a child-support order or custody arrangement is accepted by the court, a legal relationship between the kid and the father must first be established if the pair is not married. Before signing the birth certificate or an admission of paternity, a man should get a court- or self-ordered legal paternity test if he has any concerns about being the child’s biological father.
Legacy Rights
There are instances where inheritance rights are contested, as was the case with the late artist Prince. The rights may or may not be contested, and the purported successor may or may not be known, as a minor, or an adult.
Whatever the situation, a legal DNA paternity test (or maternity test, if the mother has already passed away) may promptly and effectively dispel any concerns, guarantee that the correct individuals receive what is legally theirs, and ensure that everyone concerned is treated fairly.
Additionally, by conducting a legal test, the outcomes are acceptable in court, should the situation call for it.
These are some of the reasons why you should get a court order DNA test and getting them from Choice DNA would be a great idea.
