Establishing paternity is crucial in securing legal rights for parents and children in Texas. Whether you’re a mother seeking child support or a father wanting to confirm your parental rights, a court-ordered paternity test can provide the answers you need. So, if you’re looking for answers to a paternity question, how do you get a court-ordered paternity test?
Key Terms and Concepts to Know in Texas Paternity Cases
The details of court-ordered paternity tests can be complex. With this in mind, some key legal terms and concepts related to Texas paternity cases are worth defining. These core terms and concepts include:
- Presumed Father – A man who is legally recognized as a child’s father of a child under specific circumstances, even without formal paternity establishment. This typically happens when a man is married to the child’s mother at the time of the child’s birth or was married to her within 300 days before the birth. Additionally, if a man continuously lived with the child and represented the child as his own for the first two years of the child’s life, Texas considers him a presumed father.
- Legal Father – A man who has been legally recognized as the father of a child. This recognition can occur through a voluntary Acknowledgment of Paternity, a court order, or by not denying presumed fatherhood. The legal father has parental rights and responsibilities, including the right to seek custody and the obligation to provide child support.
- Biological Father – The man who is the child’s biological parent, meaning the child is related to him by blood. However, being a biological father does not automatically grant legal rights or responsibilities. The child’s mother or father must establish or acknowledge legal paternity for the biological father to have any legal standing in the child’s life.
- Alleged Father – A man who someone claims to be the father of a child but who has not yet established paternity legally. The alleged father does not have any legal rights or obligations until the confirmation of their paternity.
How to Get a Court-ordered Paternity Test
Getting a court-ordered paternity test in Texas is a straightforward process. Here’s what’s involved:
- Filing a Petition – The first step in getting a court-ordered paternity test is to file a petition with the courts to determine the child’s father. The child’s mother, the man who believes he is the father or the child’s legal representative can submit the petition.
- Serving the Petition – Once someone files the petition, the other party (usually the alleged father) must be formally served with legal notice of the petition. This ensures that the person can respond to the request for a paternity test.
- Attending a Court Hearing – After the petition is served, the court schedules a hearing where both parties can present their case. At this hearing, the judge will review the request for a paternity test. They will also consider any evidence or arguments from both sides. If the judge determines that a paternity test is necessary, they will issue a court order for the test.
- Taking the DNA Test – Once the court orders the paternity test, both the mother, child, and alleged father must undergo DNA testing. Usually, this test takes place at a certified laboratory. The process involves collecting each party’s DNA sample, often through a cheek swab. The lab then analyzes the samples to determine if there is a biological relationship between the child and the alleged father.
- Receiving the Test Results – The lab will return the DNA test results to the court. The results are typically very accurate, with a 99 percent accuracy rate for positive tests. Based on these results, the court will make a legal determination of paternity.
- Issuing a Court Order – If the DNA test confirms paternity, the court will issue an official order establishing the man as the child’s legal father. This order may also address issues such as child support, custody, and visitation rights. The court will dismiss the paternity claim if the test shows that the man is not the biological father.
Who Pays for a Court-Ordered Paternity Test?
The court usually decides who pays for a court-ordered paternity test in Texas. The person requesting the test is often initially responsible for covering the costs. However, if the test confirms an alleged father is indeed the child’s biological father, the court may require him to reimburse the mother or the state for the test expenses. In some cases, both parties will share the costs. If either party cannot afford the test, they can request assistance from the court or the Texas Office of the Attorney General’s Child Support Division.
Can a Mother Refuse a Court-Ordered Paternity Test?
A mother cannot legally refuse a court-ordered paternity test in Texas. If a court orders the test, both the mother and the alleged father must comply. Refusing to participate in the test can result in legal consequences. For example, the court may hold the mother in contempt. The court may also interpret the refusal as evidence against the mother’s claims. This could negatively impact her case regarding child support, custody, or other parental rights.
Can I (an Alleged Father) Refuse a Court-Ordered Paternity Test?
As an alleged father, you cannot legally refuse a court-ordered paternity test in Texas. If you refuse to take the test, the court may hold you in contempt. This can lead to fines or other penalties. Additionally, the court might interpret your refusal as indicating that you are the biological father. As a result, the court could proceed with decisions regarding child support or custody based on that assumption.
Contact an Austin, TX, Paternity Lawyer Today
Whether you’re a mother seeking child support from an absent father or a man seeking to establish a legal relationship with your child, it’s crucial to get help from an experienced Texas family law attorney. The legal team at Smith & Bledsoe Family Law can guide you through the process of a court-ordered paternity test. We understand the rules and will protect your rights at every step. Call our law firm today through (512) 277-3166 or complete our contact form for a free case evaluation. Check out the success stories to learn why you should trust us with your case.
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