QUESTION
Can someone be legally forced to take a praternity test?
Asked on Mar 31st, 2014 on Child Custody - Idaho
More details to this question:
I am almost 21 and I just found out who I legally believe my father to be. I need to know if there is any legal action I can take to force him to take a praternity test to find out for sure.
6 ANSWERS
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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I do not believe there is a legal way to force the test when you are already an adult.
Answered on Apr 02nd, 2014 at 8:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you can bring an action alleging paternity. I would suggest you counsel with an attorney. You would be wise to do so as the biological father has rights whether or not you like it, as well as an obligation to support his child.
Answered on Apr 01st, 2014 at 7:27 PM
You can file a parentage action, sometimes called a paternity action, alleging that this person is the father. In Utah, the court can order a putative father to submit to paternity testing (usually DNA testing). If the person is not excluded by the testing, the court can enter an order of parentage and an order of custody, parent time and support. You should have a pretty good idea of who is the biological father of your child. If the other person is willing, you and he could submit to private DNA testing prior to the filing of a lawsuit.
Answered on Apr 01st, 2014 at 7:26 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Not at this stage. A DNA test can be required for purposes of child support, but you're past that age. In any case, it was your mother who could have asked the court to order it, not you.
Answered on Apr 01st, 2014 at 7:26 PM
Collections Attorney serving Troy, MI
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Beier Howlett, P.C.
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There has to be a factual basis to support the request for a paternity test (e.g. affidavit of the mother).
Answered on Apr 01st, 2014 at 7:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Not now. However, since he is no longer on the hook for child support, you might try asking. If that doesn't work, follow him around until you can get a sample of his hair so some such and do a private test.
Answered on Apr 01st, 2014 at 7:25 PM