Can someone be forced to take a paternity test? - Child Custody Law Questions and Answers- LawQA.com

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Can someone be forced to take a paternity test?

Could my parents force my boyfriend to take a paternity test? I'm a minor, he is not. Or is it up to me whether or not he has to take one since since am the mother?

Warner Center Law Offices of Donald F. Conviser
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It is unlikely that your parents can force your boyfriend to take a Paternity Test. Only if they are appointed your Guardian ad Litem, can they file a Motion in a Paternity case for an order requiring you to take a Paternity Test. Your boyfriend faces a risk of criminal prosecution for having sex with a minor, so even if he is ordered to take a Paternity Test, he won't go to jail for not taking the test - instead, the Family Law Court will find that he is the father... but that finding cannot be used in a criminal case against your boyfriend.

Answer Applies to: California
Replied: 11/26/2011

Answer By Maury Beaulier
Beaulier Law Office
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No, your parents may not force any person to take a paternity test. A Court may do so once a paternity case has been filed and, if there is no cooperation, may find the person in contempt and/or make inferences contrary to their legal position in the case.

Answer Applies to: Minnesota
Replied: 11/18/2011

Answer By Jay W. Neff
Law Office of Michael W. Bugni
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I don't think that your parents have any particular power to force a paternity test. However, the court does. If a paternity action is filed, the court can order paternity testing. Someone who refused to follow the order could be in contempt.

Answer Applies to: Washington
Replied: 11/18/2011

Petit & Dommershausen SC
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Yes, the state can force your boyfriend to take a paternity test if you are getting any kind of services or for criminal proceedings if the State wants to pursue criminal charges for him having sex with a minor. It is likely your parents can go after him for child support for the baby (as you are a minor) and then the court will have him do a paternity test.

Answer Applies to: Wisconsin
Replied: 11/18/2011

AyerHoffman, LLP
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Your parents certainly cannot force him. However, you can try to obtain a court order ordering him to take a DNA test to determine paternity.

Answer Applies to: Massachusetts
Replied: 11/18/2011

Answer By Steven Dunnings
Dunnings Law Firm
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If they get a court order.

Answer Applies to: Michigan
Replied: 11/18/2011

Law Office of Michael E. Hendrickson
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Yes, a person can be ordered by a court of proper jurisdiction to submit to a paternity test. And, no, it will be up to a judge who is charged with reviewing the issue (if it should ever come before a court qualified to rule on the matter).

Answer Applies to: Virginia
Replied: 11/18/2011

Law Offices of Stephanie Lee Ehrbright, Esq.
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The court could order him to. There may be issues of statutory rape also. He should speak to a defense attorney.

Answer Applies to: Arizona
Replied: 11/17/2011

The Zwiebel Law Firm, LLC
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No one can force a person to take a paternity test except for a judge. If you file for child support it is standard practice to prove paternity before ordering the father to pay child support.

Answer Applies to: Alabama
Replied: 11/17/2011

Answer By Louis Leibowitz
Law Offices of Louis M. Leibowitz, LLC
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In child support situations, a court will often force the purported dad to take a paternity test if he is challenging the claim that he is the dad. I don't think your parents can force someone to take a paternity test.

Answer Applies to: Maryland
Replied: 11/17/2011

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