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DENIED. Can Someone Refuse a Paternity Test?

Jan 8, 2019 | Home Paternity Testing, Legal Paternity Testing, Paternity

How DENIED. Can Someone Refuse a Paternity Test?

 

A DNA paternity test is the most reliable method for determining whether or not a man is the biological father of a child, and this type of testing is trusted by courts from coast to coast and around the world. But what happens if a mother or a possible father refuses to do a paternity test? Is this happening to you? Here are some possible solutions.


NOTE: This article is not intended to be legal advice—it is for general informational purposes only. For guidance regarding your particular situation, please contact a social worker or family-law attorney in your area.


Talk it Through without Involving Lawyers: Yes, You Can!

If at all possible, try to resolve the issue without involving an attorney. Lawyers are usually expensive, and hard feelings are more likely to develop when you hash your differences out in court where both parties may feel the need to prove—in public—why they are “right.”

Start the conversation: Oftentimes, a couple who are no longer together have a hard time just holding a civil conversation, but—since there’s a child involved—it’s essential to talk honestly about a paternity test. If the other party hasn’t done so already, be the one to start the conversation.

Get their point of view: Even if you don’t agree with why they don’t want a paternity test, it’s essential to have them clarify their stand, both for their benefit and yours. That way, there are no misunderstandings or confusion. It also helps because you can tailor your argument so that it addresses their concerns. They might be concerned about having to pay child support (or losing child support)

State your own case clearly:  If you’re a mother who suspects your child may have a different father, explain that your child has a right to know their genetic history, both for heritage and medical reasons. If you believe you are the biological father, lay out your reasons why you would be an asset in the child’s life, financially and emotionally.

Know the law and use it to your advantage: Can someone refuse a paternity test? In most states, an action for determining paternity is considered to be a civil lawsuit, and refusing a paternity test ordered by the court is definitely not a good decision. In some cases, the refuser may face fines or even criminal charges. In other cases, a judge may enter a default (automatic) judgment against the person refusing the test. When you understand what can happen if the matter goes to court, you can use that knowledge to strengthen your argument for settling paternity out of court.

Discuss getting a legal paternity test: A legal paternity test can be ordered directly through a DNA laboratory without having to go through court, yet—unlike a home paternity test—the results are court-admissible. If the other party doesn’t want to go to court, when this option for testing is used, they may not have to.

Keep the conversation civil: Do your best to stay calm and composed, even if the other person isn’t able to do the same. Shouting matches never accomplish anything positive for either party, and losing your temper can actually invalidate your argument in the other person’s eyes. For the sake of your child, keep your cool.

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If possible, talk it through.

If All Else Fails: Seek a Court-Ordered Paternity Test

You tried really hard, but weren’t able to convince the other person to do the paternity test. Now what? Unfortunately, it’s most likely time to bring in the social worker or family-law attorney who can help you bring a suit to court. Paternity law varies from state to state, so be sure you choose someone who is experienced in this area. If the court determines you have a legitimate case, they’ll order the test.

Wrapping It Up

Being denied a paternity test is a bump in the road, but it’s by no means the end of the highway. Of course, it’s best if you can resolve the issue between you without having to go to court, but you do have legal options if your best efforts to convince the other party aren’t successful.

Call us at 800-929-0847: We’re here to help.

Do you have questions or comments about being denied a paternity test? Share in the comments and we’ll answer.

 

21 Comments

  1. Angel

    Hello my oldest daughter was kidnapped by the grandparents of my youngest daughter 12 yrs ago the fact of my youngest has been DNA proved is why i have stated it as i have now her father sighed his rights over on my oldest daughter when he allowed his father and his ex girlfriend kidnap her from me they took her on vacation and was to return her on Sept.4th of 2007 and never did and when i found out i went to the police station in the state we was living in at that time not knowing that everything was being put into place by this man and his father n ex gf but the state i was in said they could not help me because it was all in a different state at this time a court hearing was going on with me n the father of my youngest because i had to do what i had to to take care of my girls as this hearing went off without a hitch on my side and i was found in no faults but a mother trying to take care of her children so because i wouldn’t give up on trying to get back to the state of Indiana to get my oldest daughter the father then threw me and my youngest child out on the streets lucky i had a friend in a different state that helped me get into a apartment but i still continued to fight and research on how to get my daughter back as i am still fighting as new things have come into play i was told by the police at that time to come back to Indiana and they would go with me to get my daughter so i dropped everything and called my brother to come and get me and go to the home where my daughter was and waited for 3 hrs before any cops showed up at this time they went into the home and yes my daughter was asleep because it was a little after 2am before they even showed up they came back out and told me i could not have my daughter bc the “Father” already signed his rights over to them and they was not going to pull a little girl out of bed while she was asleep i then ended up homeless in a shelter with my youngest daughter that was almost 2yrs by then and my oldest was soon to turn 4yrs old and mind you all this happened back in 2007 so me n my youngest went into a homeless shelter i then filed a hearing with the courts to get my daughter back that was kidnapped from me at the hearing i came to find out because i made a copy of her medical cards and ssi card encase of a emergency while she was on vacation she would be cared for until i was able to get to her the alleged grandfather and ex gf stated that i abandoned her why would i do such a thing when she was only a yr old and they tried to offer me over 35 thousand dollars for her when at that time me n there son was split up i told them where to take there money and to shove it but at this hearing a ? was asked to the alleged grandfather why he did not want the youngest daughter also and he stated that she did not belong to his son and a DNA test was not done to prove it at this time they did not know there was one being done because i decided to take him for child support so after that ? was answered i said sir my daughter was kidnapped from me and there is no DNA test done on her either to prove she belongs to there son and also sir there is a very high chance she does not even belong to there son because he threw me out and i was with another guy for for those 3mth and i found out i was a mth pregnant before he decided to say hey come back so that way you and the baby is cared for because they guy i was seeing was leaving and joining a carnival and i wasn’t wanting to go after i found out i was preg and mind you this this hearing was going on in 2008 or 2009 and at that time the judge swiftly said deny on a DNA test so the alleged grandfather forced me into giving him temporary guardianship because i could not find anyone to read over the paper they wanted me to sign the ex gf is no longer in the picture do to harassment to the family after the breakup but now she has petition for the alleged father to get full custody of my oldest daughter it has been rescheduled 3 times now and in June i asked for a DNA test to be done and still yet nothing and now the alleged father is denying to even try and to get one done that he has told my oldest daughter and she told my youngest of what he said to her there is a hearing today 8/20/19 at 3pm and i am once again going to ask for a DNA test as there is a new judge but the same lawyers they have had and they are allowing the alleged father to interrogate me with ?s that has nothing to do with my oldest daughter im sorry my social security number like for real man what does that have to do with anything i am once again homeless with my youngest that is now 12yrs old and knows the alleged father is her true father and despises him because how he treats her the judge that was on the case for me and my youngest took every rights away from him because he found and saw he was not a worthy father and im saying it more nicer then the judge said..but he is to pay child support and not touch it it comes straight out of his cheeks he is to have her on his private insurance and if she dont want to see talk or anything with him he can not force it as the judge sat him to nothing at all but to pay child support but now they are trying to get custody of my oldest without even doing a DNA test and i dont even know what to do anymore i have done everything that the court asked me and accomplished it many times to the point i have become homeless again because i went back to fight for my daughter just to have them go behind my back again and set up a hearing with out my knowledge of them even doing so even though i was going back to set a hearing up because she is 14yrs now and i was told she could go on the stand and express herself and wants to the judge and get at least 100% knowledge of what she wishes but it all was cut in half because they decided to go back in Feb and try for custody without even having a DNA test on my daughter that in my gut and mind and soul i am 98% sure she does not belong to that family blood line..now if it comes back she is then i will be so shocked but at least things can go on the right path but i am so sure of it that she is not and i need some help and information how i can get the court to order a DNA test and stop denying me of anything just because i do not have the money for a lawyer and the court will not appointment me one as i have asked for 12yrs for one and 12yrs for a DNA test to be done but yes i am homeless because of them and working on my disability because of something i was born with is now starting to affect my working abilities so no i have no lawyer because no lawyer will go further on my case unless i have 2k to give them i have been stuck for 12yrs fighting and loosing and getting no where other then loosing my homes because i put all my efforts into a court system that dont even give a sh** about a child truly being kidnapped and not having a DNA test done i say this while doing some research before the hearing today as i am going to have to do it over the phone and prey they allow that but i need some help and when i saw it say give us you’r thoughts and you’r here to help im preying that is all true and i didnt sit here for 30 mins or more and did this for nothing i need some advice and what to do and to let you know this court is out of Vigo County Indiana Terre Haute division 3 i know many states have different laws so this way if you have to you have the right state to see now i am in Florida now and homeless if i could do something here in Floridia and get my daughter back home then that would be awesome because traveling is very hard for me right now

    Reply
    • DDC

      Hello, Angel. As a DNA lab, we cannot help you with your legal issues – only a family-law attorney or social worker where you live can do that. Perhaps someone will see your post and offer assistance.

      Reply
    • Robert

      I got something like what you wrote
      It’s about 3 comments down. If I find out what to do I will let you know but for a guy not to be able to get a DNA test done 10 yrs later. I know it’s my child and I dont have money for a lawyer. Keep me informed please

      Reply
  2. Nandi

    Hi there, we are 3 sisters age of 38,36,31 we have a same but the
    problem is that we went to court with our mother for maintenance so my father was saying we are not his children then he ask for DNA he paid for it and they came back we are all his but he was still indiniel know his death so my mother lost the DNA and we had them in 1990 is that possible to get results because the lawyers want the results and we don’t have money to repeat them

    Reply
    • DDC

      Hi, Nandi. For security reasons, we do not keep test results that long.

      Reply
      • Robert

        I am so sure that my autism boy age of 11 is my child. Everyone I know says it’s my child. I am 60 years old with out children. Everytime I tried to talk to her about Lucas being my son she would not answer and before you know it she puts me on a protective order for nothing. This had happened 3 times. I finally took her to court to find out. A simple thing of taking a DNA test would prove it. The court has a hearing. I didnt give enough evidence to prove it could be mine I guess. I was with her before marriage, during marriage, after her husband passed away. Right after the child was born. I dont write down when I have sex. But at the time of pregnancy. The 40 weeks I was in town with her 2 times when it would be my child. I was with this girl living at her house while she was separated. We went together to 5 different states while they were separated. Although not of that was at the pregnancy part. I was showing g how much I was around her during her marriage part. We were going to get married. I messed that up. Because of all my young partying ways and in trouble. I did not even think about if it’s my child. He looks nothing like her deceased husband. Looks totally like me. Out of 35 people everyone says he looks like me and is mine. The lady judge hurried me in court by saying she had a meeting to go to in 30 mins so it had to only be that long. Even thought I kind of made her mis her meeting. I did not get out all the information I liked to. The gauarden, who from start sides with her in the report. After 3 weeks and 3 days I get the report from the judge saying I’m denied in a 12 page report. The best of Interest for the child they say he and her will lose money. She lives off his money. I’m on disability and offset the amount would be like $591. I make $1139. HE gets $1509 from SSI. I called disability SSI up and they said that they arent like that and he would not lose 1509. They would not take that away if I was proven the the father. In fact they said he would get a additional amount of my partial amount of like $591. But with all that and things that werent brought up. So much more that I didnt say or the judge didn’t ask. Things that I did not think was necessary to just get a DNA test done that I was willing to pay for. I went on a court show judge Judy and she didnt want to do a DNA test I asked her. So It very much showing me that it’s my child. A simple test that I would be the only person that could and is the child father. The DNA test wasn’t ordered and case dismissed. I ask what can I do. A appeal in Appeals court would cost me way to much money and by the time I got that up It be too late. I could represent my self but it would be hard as I already messed up this hearing. The bad thing is I’m in a protectived order for 2 years. 6 months left. Judge acts or she acts like she is going to redo the 2 year order again. I have not done nothing to her physically for her to do that again to me. All she is doing is keeping me from knowing it’s my child. Can she do that from no proof that I tried to harm her. I havent went near her. I’d like to write a friendly letter to just have her take the DNA test and it bd over. She wont see me again unless it shows she lied and it’s my child. Can Ask for retrial, mistrial since the judge didnt get all the evidence and there are a few mistakes in the paperwork that the judge sent to me that wasnt heard right or something. Then of course a appeal. I also think their is a way to take her to small claims for millions of dollars for all the lost time with my child, the lies, not be able to see my child. All the money she used took from his support and other stuff because he is my child. I’d want her to prove it’s not my child. She told her new boyfriend that her husband had a blood test and DNA test done. Well that was a lie as it would of been shown in court. I’m on disability and you would think I could get a free lawyer to get this DNA test done. I did not think this would be so hard to show this is my child. A simple solution to just go take the DNA test. It’s like she wants me to keep Interfering in her life. With 2 more cases and a court of appeals is 2 hours away. All she has to do is take the test. She don’t even have to let the court know. I never once want to take the child away or sue her. I just want my child to be with him a d bring him up.

        So here is what I ask. What all can I do? Can I retrial from lack of time and not or all the right evidence. Mistakes or mis hearing that the judge wrote. Take to a court of appeals. Can I get a attorneys to represent me because I’m on disability low I come. Since I on a protective order because of her. Will I go to jail for just writing a short letter asking her to please show me it’s not my child by a DNA test
        They try to go by the money he gets and that’s wrong if I was proven the father. He would get more. I m alive and can easily now come off disability and have much much more mo ey to take care of him. I working on a business right now too. With all this going on it’s hard to get everything done soon. Can I use or do something about that gauarden that the court appointed. From day one he sided with Tracy the mom. It mostly when by the mo ey which isnt too fair because it was wrong and to judge or not even ask for a DNA test to let me show it’s my child. If I got results back saying he wasnt my child then I would completely understand. But to go by the money or a few things I didnt get to say. I am heartbroken. I will do anything just to know the truth. Take it to the news reporters anything. Also she cant even let the court know that she still lives at her old trailer a block from me. They ask her about her protective order and she had to go to the judge and write it on a piece of paper. When she knows and I know where she lives and I also would never touch her. 17 years and I have never touched her. So what really our my options to do. My child will ne er try to see if I’m the father. He is brainwashed and is autism and it’s bad enough that he dont know what father means.
        So like the lady few posts up. Can I please have assistance

        Reply
        • DDC

          We cannot provide legal advice, Robert, I’m sorry. No doubt there are legal services for low-income people near where you live and I hope you can find them. Take care!

          Reply
  3. Tracie

    Can the fat he of fat he child request a dna but fail to tAke it while holding the child away from its mother ????

    Reply
    • DDC

      Hi, Tracie. That’s a question best answered by a family-law attorney where you live.

      Reply
  4. brittnee

    Do I have to find out who the father of my child is? Or can I tell the agency I don’t wish to find or get support from him? Can I just request a location and not receive support? I get stamps so I have to do a DNA test but I don’t know who his father is and would prefer not to find out and leave that for my child to decide when he is older.

    Reply
    • DDC

      Hi, Brittnee. Because every state has different requirements, that’s a question best answered by a family-law attorney, social worker, or case worker in your area.

      Reply
  5. Christie

    Hi my name is Dawn me and my husband and my son has been in our grandaughter life from day one he has took care of her in everyway. The mom is married to someone else our grandaughter is 2 now they even stay with us for 7 months last year we are very close to our grandaughter my son left the mother cause of her drug use but he always got his daughter a week ago we had her here for 2 half weeks then the other grandad came with temporary custody papers picked her up from my son. All of the paper work don’t even say anything about our son being the dad at all of our grandaughter it says someone else and her dad lied a lot to get them papers the only thing he got right was her mom on drugs we are so upset. He is still letting us get our grandaughter and we are very thankful and blessed he is letting us still get her we have her more then he does and we are happy it’s like that we are doing a private DNA so on there court date can’t he show up and file for custody

    Reply
    • DDC

      Hi, Dawn. Your situation is complex so I suggest you contact a family-law attorney in your area to see what should be done to preserve your rights to see your grandchild.

      Reply
  6. Rachel

    The father of my two child is passed away now I have to claim deceased estate so the relatives said they need DNA test for the child.so I denied so wil go to court immediately lockdown is finished…so I just want to know I have the right to denied DNA?

    Reply
    • DDC

      Hi, Rachel. You should double-check with an attorney, since you didn’t mention if you were married or if he was recognized as a legal parent of the children. If you weren’t married or he wasn’t the legal father, then you may need to do a DNA test to claim benefits.

      Reply
  7. Mike Sr

    I’m a father who is not on the birth certificate. I have a 5 year old son who I love with all my heart. His mother and I are no longer together… I tried to pay child support without courts but my time with my son was always ruined due to his mother’s bitterness towards me. I found out that I wasn’t on the birth certificate when he was 3 and told his mother that if she wanted support let’s put my name on the birth certificate and child support will be there along with a parenting plan….a fair plan. I tried to let her know it’s for all of us…it’s insures that she will get the support…and that I will get to spend time and be in my son’s life…and most importantly it keeps my son out of the system if something were to happen to her. One minute she is telling me if I want to see my son I need to pay…when I agree she then tells me to keep my money and to leave her alone. My family has also tried to help but she ignores them. I want to do right by my son but his mother hates me and uses that to keep me away. So I think I should talk to someone about my next move. What’s the best way to go about securing my role as a Father.

    Reply
    • DDC

      Hi, Mike. It appears you’re going to need to go through the courts. You would need to obtain her consent to do a private DNA test, which it sounds like she would deny you, so it may need to be court-mandated if they decide you have a valid claim to one. You would be wise to contact a family-law attorney area where you live. Good luck!

      Reply
  8. Valerie

    I have a daughter and I am being threatened by a guy who is saying he is the father and I keep telling him he is not when I met him I was already pregnant but just didn’t know now he is threatening to take me to court when my child’s father is happy with his daughter what do I do I do not want to go to court to bring stress to my family

    Reply
    • DDC

      Hi, Valerie. You only have to go to court if the court deems this man has a case.

      Reply
  9. angel

    hello my boyfriend could possibly have a baby with his ex . he’s been trying for almost 2 years to get a dan test the girl has been asking for money and asking him to be around but yet she still haven’t done the dna test. the girl is out of state but she’s supposed to be coming to where we are but she’s been saying this for about 4 months what should we do is this harassment ? because the girl doesn’t like me and she’s very rude to him should we get the court involved ?

    Reply
    • DDC

      Hi, Angel. Your boyfriend should contact a family-law attorney or social worker if he wants to look into requesting a court-ordered DNA test. Unless it’s court-ordered, the mother of the child is under no obligation to agree to one, but it’s not fair to your boyfriend for her to ask for money without proof of paternity.

      Reply

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