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Can an alleged father deny taking a court order paternity test and avoid being the father of his child (cont. underneath)

Phoenix, AZ |

by saying it’s my right under the Fourth Amendment of the United States Constitution which stops toward unreasonable searches and seizures. Can you answer my question with a “yes” or “no”. Thank you.

Attorney Answers 3


  1. Best answer

    Yes, he can refuse to take the Paternity test. No, it won’t do him any good.

    If he refuses to take the Paternity test then the judge will have to issue a ruling based on the evidence in front of him, which basically is the sworn statement of the mother that he is the father. His refusal to cooperate will likely cause the judge to rule that he is the father and potentially “throw the book at him” regarding back and forward child support.

    His claim that a Paternity Test is an unreasonable “search and seizure” will not fly because (a) there is a reason to Order it, (b) a Paternity test is non-invasive and most importantly (c) many people have tried this before, and they all lost.

    Good luck!

    Patrick Sampair
    The Sampair Group, PLLC

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  2. No. It's not a criminal matter.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  3. No.

    Your question cannot be answered with a "yes" or a "no."

    As stated in at least two of you numerous other posts, the law very rarely provides for an easy "yes" or "no" answer.

    Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client relationship arises out of the information given here.

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