Question: Can an alleged father deny taking a court ordered paternity test?
I want to know if I am able to deny taking a court ordered paternity test and avoid being the father of this child. Can I fight that it’s my right under the Fourth Amendment of the United States Constitution, which stops unreasonable searches and seizures? Can you answer my question with a “yes” or “no”? Thank you.
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.
The Sampair Group, PLLC
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To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at Sampair Group.