What Can I Do If My Child’s Father Refuses to Take a Paternity Test?
When a child is born to parents who are not married, there is no legal presumption of paternity until a father’s name is added to the child’s birth certificate. This can be done through voluntary means by written consent of the mother, or through genetic testing. If the father’s name is not added to the child’s birth certificate, then the alleged father has no legal rights or obligations as it relates to the child.
If the mother would like their child’s father to be involved in their child’s life, they may be eager to have the alleged father be added to the birth certificate. Doing so may require the alleged father take a paternity test.
Establishing paternity is important for many reasons:
- First and most importantly, the father and the child will have a right to a parent-child relationship.
- Secondly, the law requires that both parents financially support their child. And by doing so, both parents can then be able to better meet the child’s financial needs if they’re both supporting the child.
- Thirdly, in the event of an inherited health problem, the child will have access to a complete medical history from the families of both parents.
- Finally, the child has a right to benefit from both parents, such as social security, inheritance rights, insurance benefits, and veteran benefits, among other things.
Though it can be a frustrating situation, it is important to know that a mother has rights if the alleged father refuses to take a paternity test. She can file a petition for paternity with the court, and have the court then order the alleged father to submit to a paternity test. If he continues to refuse to take the test after the court has ordered it, he can be held in contempt, and the consequences can be monetary sanctions and or criminal charges.
It’s important to have paternity established, not just for the financial benefit that it can have for the child, but for other many reasons. Most importantly, the court always looks at the best interest of the child, and the court feels that it is always in the best interest of a child to have both parents involved in their lives.
It’s important to remember that you are not without any legal resources or legal help if you have an alleged father who is refusing to take a paternity test. If you have questions about establishing paternity, or would like to discuss you specific situation with an experienced family law attorney, do not hesitate to contact our office. To schedule a consultation contact us at (702) 998-1188, info@ljlawlv.com, or by scheduling a consultation online.
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