When the Mother doesn't want a Paternity Test, you can get one.
If the mother is unwilling or hesitant, it may be difficult to establish the father of a child.The process of establishing a family may include discussion, negotiation, mediation or legal action.A potential father may want to know if the child is his so he can provide support and establish a relationship.A man may be asked for child support for a child that he doesn't believe is his.Sometimes the mother won't allow a paternity test.When the mother doesn't want the test, here's how to get it.
Step 1: Talk to the child's mother.
Let her know that you want to establish a relationship with the child.If possible, request a DNA test without having to file a lawsuit.Stay calm, friendly, and non threatening.The mother doesn't want to submit herself or the child for a paternity test.You can determine the best way to get her to take the test by understanding her reasoning.The goal of these discussions is 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 what you want to know.
She needs to know that she has the best interests of the child at heart.If you believe a child is yours, you can explain the legal and financial benefits to her.Financial support and inheritance rights will be given to the child.The child has a right to know its true biological father if you think the child is not yours.The right to know his or her medical history, inheritance rights, and child support rights are included.
Step 3: If you want the testing done in a doctor's office, choose a facility that is court-approved.
Testing through an approved facility will ensure that the results of the test are not contaminated and will be impartial, instead of just buying a kit on the internet or at a drug store.If you need to use the results to contest current custody or child support arrangements, you should use this.A legal chain of custody is what court-approved tests require, meaning that the sample itself does not leave the custody of those who are legally responsible for ensuring the purity of its results.These tests can't be done in your home.A small blood sample or cheek swab from you and the child can be sent to many labs in the United States.Contact your attorney if you're not sure if a lab is a good choice.
Step 4: Your next course of action will be determined by the results of this test.
You are already listed on the birth certificate if the results confirm that you are the father.If the results show that you aren't the father and you're not listed on the birth certificate, no more steps are needed.You can file for an amendment of the birth certificate if the results show that you are not the father and no one else is listed.The process is simple if no one is listed on the birth certificate.You can 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.If the results show that you are not the father, and another man is listed as father on the birth certificate, the court must order an "adjudication" which means that it's up to them.The process can vary by state, so you should consult a lawyer.If the results show that you are not the father and the mother is not in agreement, you will need to amend the birth certificate.
Step 5: The mother will resort to legal action if discussion and negotiation don't convince her.
It can set a negative tone to the interactions between a mother and father.If there is a chance that you are the father, you should try to maintain a good relationship with the child's mother.Sometimes legal action is the only option.A court can order a test to prove you are not the father in a situation where your name appears on the birth certificate if the mother doesn't want to know.
Step 6: If you think you are not the father of a child, you have rights.
Laws vary by state, but in most states if you have signed an establishment of paternity and are paying child support or otherwise supporting a child that you believe is not your biological child, you can take certain steps.In most states, you have to file a "disestablishment of paternity" or "termination of child support obligation" in the circuit court that has jurisdiction over your case.Contact an attorney familiar with your jurisdiction to find out your state-specific rights.
Step 7: If you think you are the father of the child, you have rights.
Father's rights are important in the eyes of the law as mothers receive default custody.You can determine the proper course of action by knowing your rights.If you are not listed on the birth certificate or acknowledgement of paternity, you have the right to file a case.If another man is listed as the child's father on the birth certificate, you can only file a paternity case if it has been less than 4 years since the baby was born.Contact an attorney familiar with your jurisdiction to find out your state-specific rights.
Step 8: You should hire an attorney.
It can be difficult to establish or disestablish a child's father in a court of law.A professional who knows the local laws and procedures can guide you through the process.Explain to your attorney that you have tried to establish a relationship with the mother of the child you believe to be yours.Let your attorney know that you want to know whether you are the child's father so you can establish a relationship and begin paying for his or her monthly support, or if you feel like you're being made responsible for a child who isn't yours under false pretenses.
Step 9: In your state, ask your attorney about paternity law.
State statutes can vary.The attorney will be familiar with these procedures.You can file your lawsuit if you request the appropriate legal forms.In most states, you will be required to fill out a Petition to Establish Parental Relationships or a petition to Disestablish Parental Relations.Since these can vary by state, it's important to talk to your attorney.
Step 10: You should file your forms.
You might be required to pay a filing fee if you do this at your county's courthouse.Your lawyer can file your forms for you.Your court documents should be served to the mother.This is the method of notifying her that you have filed a lawsuit.This will prevent the mother from pursuing an adoption of the child by her current partner without your consent.You should file your proof of service with the court clerk after you serve her papers.They have 30 days to respond to the suit.The court is not obligated to order a test just because you file a petition.The judge has to decide if there is enough evidence to order the mother to take the child for testing.If you want to prove that you are not the father, you can submit tests from an independent lab, but you may have to get a court order.
Step 11: The time and date for the lawsuit hearing have been set.
If the other parent chooses to argue in court that you are not the father, you won't have to appear.The suit is decided in your favor if it iscontested.Answer the questions of the mother's attorney.Be courteous and calm.You can request a paternity test from your attorney.If you present compelling evidence in a professional manner, the judge will listen to you and order a paternity test.The requesting party is responsible for any fees associated with the tests.If the mother ignores the judge's order, she should be held in contempt.
Step 12: An amendment to existing custody, visitation, and child support rulings is needed.
If the court finds that the child is yours and you are not listed on the birth certificate, then this is done.If the court finds that the child is yours and there is no existing order, ask your attorney to file for custody, visitation, and child support.Depending on the age of the child, you can be held responsible for back child support in many states.If the court finds that the child is not yours, you should ask your attorney to end parental obligation.Most states don't reimburse support you have paid to this point.
Step 13: Determine if the father is the child's biological father.
The process can be unpredictable and emotional.The best way to proceed is with a clear mind and an awareness of the consequences.The situation may be simpler if the child is stillborn.Most states require couples to complete an Acknowledgement of Paternity form in the hospital, which is later filed with the Bureau of Vital Statistics.If you don't know if you are the father of the child, you can request a test in the hospital after the baby is born, either a cheek swab or a sample of cord blood.If you are listed on the birth certificate as the father but aren't, you can have a post birth test done.If the baby is already born and the certificate is filed, you might doubt that the child you are supporting is your biological child.Do you have any reason to doubt that the child is biologically yours?You might believe a child is biologically yours, but the child's mother will not acknowledge you as the father.Do you have any reason to believe that the child is yours?
Step 14: Most women are fertile for about 6 days a month.
Most women have a 28 day cycle with the first day being their period.They are only fertile from the 10th to 17th of October.Babies have been conceived at all times of the month, even during a woman's period, despite the hard-and-fast rules about fertility.Birth control pills, condoms, and other preventative measures are not always successful.Just as not using them does not guarantee that a pregnant woman will not get pregnant, so do not use them.
Step 15: There are many reasons a woman might not reveal her husband's identity.
Her own self-interests, interests she sees for her child, and protecting someone else's feelings are some of the reasons she has.She might be able to understand her reasons in order to allow the test.She may not know who the father is, or she may be reluctant to tell anyone.Fear of public scrutiny, privacy concerns, or even concerns for her own safety are some of the reasons this can be.In cases of sexual assault, a woman might not want to know who the father of her child is.She might be concerned that a current relationship would be damaged by the disclosure of the father's identity.If you are her partner but not the father of her child, she may worry that her current partner will be upset by the news.
Step 16: You can learn about the benefits of paternity testing.
If you are having doubts, it is a good idea to know either way.It is beneficial for the father, mother, and child to know who their father is.Paternity testing can protect your parental rights.If a child is yours, you have the right to participate in that child's life under most circumstances.Paternity testing can help you avoid taking responsibility for a child that isn't yours.A paternity test is the only way to prove that you are not the child's father if you don't want to provide proof.It's in the best interest of the child to be confirmed as a father.It can reinforce the relationship between a father and child, provide a social and financial safety net, and provide legal benefits for the child such as inheritance rights.
Step 17: Prepare for the psychological ramifications of the test.
It can still have real and lasting psychological and emotional effects even though it is the best choice.Knowing what these might be can help you deal with them.The results of the test will affect the rest of your life if the child is yours or not.If the results of the test are what you hoped for, you should have a support system in place to help you deal with it.