Can Paternity Test Be Court Ordered?
The Short Answer is ‘YES.’
Every human inherits DNA from their biological parents. Half from his/her father and half from mother. Paternity tests decide the biological father of a child.
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When a baby is born to a married couple, the law acknowledges mother and father as legal parents. But when a baby is born to an unmarried couple, the law doesn’t recognize them as a legal parent, especially the father.
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Discussing paternity in the court especially during a legal dispute is daunting. After filing a civil lawsuit, the court will review and decide if the paternity test should be ordered. If yes, then the father, mother and child are required to submit DNA samples through the recognized facility.
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A paternity test ordered by the court disprove or prove the biological father of a child. This test is often asked by mothers for the alleged father of their child who is refusing paternity and supports their child financially. This is also quite useful in relation to child custody and family-based immigration claim.
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How is The Paternity Test Conducted?
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With this test, the DNA pattern of a child with the alleged father is compared in order to find out if there is a biological kinship. This test can be carried out by taking samples of saliva using a buccal swab. It is a painless and non-invasive procedure.
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Other types of samples that may also be used are nail clippings, hair follicles, semen and blood. Then these samples are sent to the laboratory to extract the DNA.
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DNA paternity tests are known to be 99% accurate in determining the biological kinship of father and child.
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Perhaps, paternity determination is important in the aspect of parental rights and family law such as child support, custody and visitation.
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When the court ordered a paternity test, it is advisable to hire a qualified and knowledgeable family law attorney who understands the law in your state.
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