How fast canI get a court ordered paternity test?

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How fast canI get a court ordered paternity test?

My parents are kicking me out I’m moving back to England in about 3 weeks to live with my grandmother. I have nowhere else to stay and no support or money. The father of my unborn child decided today that he was not the father and refused to take a paternity test even though he is the father and never suggested he had doubts until today.

Asked on November 26, 2011 under Family Law, Virginia

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Thank you for submitting your question.  While each state has their own guidelines for court ordered paternity tests, there are several general common guidelines.  First, most state courts will not order a paternity test until after the baby is born.  In order to perform a paternity test while a woman is still pregnant, the court would have to order the pregnant woman to undergo an amniocentesis.  While in some rare circumstances a court would order this procedure for purposes of paternity, it is not often done, because it causes a high health risk to the unborn fetus.  When the paternity test is completed after the baby has been born, there is no health risk involved for the baby, and involves only a cotton swab to the mouth, which is painless. 

Since child custody and paternity matters can be somewhat complicated, it may be easier to have the assistance of an attorney who specializes in these matters.  Even though you may not be able to financial afford an attorney at this time, you can contact a legal aid center in your area who will assign an attorney to work on this matter “pro bono.”  This essentially means that the attorney will volunteer his/her time to help you. 

It is likely that after you, maybe with the assistance of an attorney, have completed all of the necessary paperwork for a paternity test, the court will order the paternity test, because courts try to ensure that fathers financially assist with supporting their children. 
However, since many courts are behind with their current caseload, you may have to wait some time in between filing the paperwork, getting the court order, obtaining the DNA paternity test, and then have the court order support.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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