Why take a paternity test?
Paternity tests are taken to determine if a man is the biological father of a child. Child support and child custody are the two most common reasons why people take paternity tests. In terms of child support, once a man is found to be the father, the mother can ask the court to order the man to pay child support. Similarly, if a man is found not to be the father, he can ask the judge to dismiss child support obligations. In regards to child custody, once a man has learned he is the biological father, he has legal grounds to seek custody and visitation rights.
Do paternity tests need to be ordered by the court?
When paternity tests are taken for one's own peace of mind, it's perfectly acceptable to go through a private testing company. However, the courts tend to only accept paternity tests from laboratories and testing facilities they approve, especially if a man's child support obligations and rights to child custody are on the line.
What if the alleged father is dead or missing? Can a paternity test still be taken?
Yes. Either the man's parents or siblings can be tested, or if a sample of the man's hair, blood, or body tissue is available, the laboratory can test the samples.
Can a paternity test be taken before a child is born?
Yes, however, the test can only be done during the 10th and 24th week of the woman's pregnancy. If it is past the 24th week, paternity testing must be put off until the baby is born. If it is in between the 10th and 24th week of pregnancy, it is still important to consult a doctor to determine if there are any risks involved.
What if the mother doesn't consent or won't participate in the testing?
You can ask the court to order the mother to participate in the testing, or you can simply go around her back and take the test anyway. That being said, some courts will only accept results from those tests taken with the mother's consent and participation.
If you have any additional question about paternity or paternity testing, we'd be happy to answer your questions and address any concerns you may have. Contact a Los Angeles family law attorney at the Law Office of Teresa Beyers today by calling (213) 236-4400!