Paternity Test Dispute: How to Get a Paternity Test if the Father Refuses

Paternity testing can quickly turn into a heated discussion between a mother and the man in her life that she believes to be the father of her child, especially when that man denies that the child is his. Under Arizona law, if the child is born to parents that are not married, there is no presumption regarding the identity of a biological father. Paternity of the child is the only way to establish that a man is the biological father of a child. Child support, custodial rights and legal obligation for the child are not established until legal paternity has been confirmed. If both parents are willing to establish paternity, there are legal agreements and tests they can complete to get this information. However, sometimes the father may deny a paternity test for many reasons. In this case, there is action that the mother of the child can take in order to confirm if the man is or is not the father of her child.

If both parents cannot agree privately to voluntarily establish paternity through DNA testing because the father denies a paternity test, the mother can file necessary documents through the court in order to begin a case. These documents can be processed during pregnancy or after birth before the child turns 18 years old. These documents include a written “complaint,” to be given to the Clerk of the Superior Court, and must include the names and social security numbers of the mother and the alleged father. The mother will then have it served to the alleged father who will be ordered by the court to take a paternity test.

If the father then agrees to take a paternity test as a result of court order, the man is presumed to be the father if the test is at least 95% positive in determining paternity. If the alleged father continues to deny genetic testing, a court trail may be necessary. If you have found yourself in the position of filing a request for a court trial, consult a Glendale paternity lawyer at The Sampair Group to assist you in the process.

If the genetic testing comes back with results that the man is not the father, he has no legal responsibility to the child unless he otherwise chooses to establish legal responsibility. If genetic testing establishes that the man is the biological father of the child, the court will issue an order establishing legal paternity. This order will include child support responsibilities (both past payments that were not made and future payments to be made until the child is 18 years old) as well as other costs including medical insurance coverage and other fees from the child’s birth. The court may also begin an order for the process of custodial rights and child visitation agreements between each parent.

If you and an alleged parent of your child are experiencing conflict involving your family and paternity disputes, contact our attorneys at The Sampair Group to speak about your case today.