can a judge order a DNA test if the mother doesnt consent?

Question

my friend is going through a tough time at the minute because a woman is claiming he is the father of her child. this is highly unlikely since he claims he did not sleep with her!!!!she tells her friends that he is the dad but has refused to have the test!how can he put an end to this madness?

thanks! it is his reputation he is worried about as he has a new girl who is hearing this and it is causing friction between them

Answer 1

Of course a judge can order a paternity test. Before your friend has to give up his earnings to support a child, the courts will want to be sure that the child is genetically his. Even if the mother doesn't consent!

Answer 2

This is the FOURTH Posting of the SAME Question, but here is the answer:

DEFINITELY! For Sure. IF she is filing for Child Support Enforcement and makes a 'claim' that some male is the father, the first thing they will determine is IF he has taken some responsibility for this -- like through marriage, etc. THEN ... yes, they WILL Set up an appointment for a DNA Test and the MOTHER and CHILD MUST be there for the test or it will be a contempt case. This is the ONE way that Child Support Enforcement has of determining the LEGAL and Actual Father of any child under their jurisdiction!

Source(s):

PERSONAL Experience of going through a very violent, nasty, and horrible divorce process with a violent, abusive, greedy, sociopathic ex -- one who determined he wanted ALL my assets, but no responsibility for the children his DNA structure helped bring into the world.

Never mind that California NEVER did enforce that Child Support Order, nor do a Modification, nor any of the work that needed to be done to trace this Abusive, Violent, Sociopathic Ex (never did they get child support started).

I was EMBARASSED by the ex's claims -- but for me -- I had NOTHING to hide. It was simple -- yes, he WAS the dad. To this day, and (I anticipate this) forever, he will always DENY any responsibility for the children. This is on top of his conviction for Abusing the Children and the other things he has done to torment me over the past decade and half SINCE the divorce was finalized. This is the ex from the burning zone ....

Answer 3

Her statement that he's the dad puts responsibility for the child on his shoulders. Not only responsibility for making sure the child is raised right but also financial responsibility for the next 18 years. A judge most definitely can order a DNA test if there is a question of paternity regardless of what the mother wants.

I suspect all your friend will have to do is tell her he's getting a lawyer to file a petition to the court for a DNA test. That might be enough to make her come clean. If not, tell your friend to retain a lawyer to do that. If he can't afford one, check in with Legal Aid to see what they can do to help.

Answer 4

If the mother is claiming that he's the father and wants child support, then there has to be a DNA test. Even though he claims he never slept with her, I think your friend should just go in willingly and get it over with. That way he knows for sure if he is or isn't the father and he can then deal with his life accordingly. If he isn't the father he will have his proof and tell her to back off or if he is, then he can be responsible and take care of things the right way.

Answer 5

The judge can order a DNA test. He should have legal rights to the child if she says he is the father. Is he on the birth certificate? Is she asking for child support? If she is, he needs to get a lawyer. Doesn't matter what the test proves - she can still run her mouth. People like to hear juicy gossip not the truth.

Answer 6

Sometimes the mother is not needed for DNA testing, all you would need is the child's and father's DNA. But yet of course the judge can order DNA testing. Sounds like she's lying about the father to me though, she refuses to have a DNA test? Fishy to me.

Answer 7

The natural progression for something like this would be as follows:

1) She files for child support
2) He denies he is the father, refuses payment of child support
3) Case goes to court
4) Judge orders paternity test
5) Your male friend is either the daddy or free of this mess

For the time being, he needs to do nothing. If this woman wants money or support from him, it will be up to her to prove he is the father and that will mean a paternity test.

Answer 8

You can go to court, and yes the judge can order a DNA test. Because if she is claiming he is the father and trys to claim child support she will have to do it anyway.

Answer 9

DNA tests are near 100% accurate and if she wants child support from this guy she needs to prove he really is the father. The tests don't harm you a swab is all is necessary. But if she has anything of his that is personal like a toothbrush, hair comb or brush they can take the DNA from that too.

Answer 10

Her consent isn't necessary. That's what makes it an "order", not a request.

Tell your friend not to worry. She can't possibly get any type of judgement against him without proving his paternity, if she is simply a woman he dated for a time.

If your friend truly didn't sleep with her, he may have a case that she is slandering him, as she is telling people he is the father, which implies he had premarital sex with her and is refusing to take responsibility for that action, hence damaging his reputation. Your friend may wish to contact an attorney. I hope he does.

Good luck!