You can simply not appear or ask tell the court when you get there. I would not do this however, as a DNA does not establish paternity as far as a court is concerned.
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County.
The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
If your over-the-counter test kit establishes the question of paternity to the parties' satisfaction, then the they should sign an Acknowledgment of Paternity and both should be listed on the child's birth certificate. If there is any doubt about paternity, then you should continue with your paternity case. You can withdraw your petition, if you are the Petitioner, by not appearing on the return date of the case, sending a notarized letter to the Family Court which contains the Docket Number assigned to the case indicating your desire to withdraw, or going in person and telling the Referee/Family Court Judge you have decided to withdraw the matter. By itself, your DNA home test kit has no legal signicance.
The foregoing information should not be construed or relied upon as personal legal advice or creating any attorney-client relation or an advertisement but merely as help, commentary or discussion only in response to a posted public inquiry.