What if I refuse a DNA test?

Asked over 1 year ago - Los Angeles, CA

Court ordered me to take my son in for a DNA test. I don't want my son to have anything to do with this guy who is claiming to be the father so I haven't taken him to have it done. What will happen if I don't cooperate?

Attorney answers (3)

  1. Edmund Lee Montgomery

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    Contributor Level 16

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    Answered . Since you have been ordered to take the test and are refusing the court could proceed forward without the test and find that this other person is the parent of the child. Refusing to take the test is considered an admission that the test would find him to be the father.

  2. Kendra Thomas

    Pro

    Contributor Level 11

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    Answered . Although you may have good reason not to want this individual in your son's life. Ultimately, that judgment call is not up to you. The law gives rights to both biological parents of your child and recognizes the right of each biological parent to know they are a parent. If the court has found cause exists to order the paternity test, then the court has found that this person has a right to know whether they are the biological father of your child.

    If you refused to take the court-ordered paternity test, it could result in legal consequences. You may be held on contempt for violating the court order. This could result in fines or criminal charges against you.

    To the extent that you cannot bring yourself to comply with the order, it may be worth consulting with a local family law attorney to ensure you understand the full consequences of noncompliance (if that is what you choose to do). Alternatively, you may consider consulting with a local family law attorney to determine what your options are with respect to custody, visitation and support in the event paternity is established.

    If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this... more
  3. Stephen Ross Cohen

    Contributor Level 20

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    Lawyer agrees

    Answered . There may be other steps you can take if he is found to be the father , that legally discourages him and encourages a step parent adoption.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more

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