PATERNITY

[Jennie]

Pennsylvania

Does a man have the right to ask for a paternity test without proof that the child may be his?
If so, does the mother have to consent to the paternity test or is it court ordered?

 

[I AM ALWAYS LIABLE]

Pennsylvania

Does a man have the right to ask for a paternity test without proof that the child may be his?
If so, does the mother have to consent to the paternity test or is it court ordered?

My response:

Yes, that's what Petitions for Paternity are all about. Once you file your Petition, and she's served with the Petition, the mother doesn't need to "consent" - - she'll be "ordered" to appear in court, and ordered to have a swab of saliva taken from baby, and compared to your saliva.

Then, depending upon the results of the Paternity / DNA test, that will determine whether or not you get to pay court ordered child support and obtain visitation / custody rights.

Good luck to you.

IAAL

 

[LegalBeagle]

Hey Pal, I am curious. I was under the impression that not any tom, dick or harry could just pop up and ask for a paternity test. If for example a child is born to a couple and the man assumes paternity, then if someone else comes along in 4 years time, that he would have to convince the court that there is a chance he could be the father in the first place.

Otherwise any man could ask for a test for any child just because they feel like it.

??

 

[Grandma B]

Dif'rnt Strokes for Dif'rnt Folks!

Hey LB - Maybe some guys like having their mouths swabbed and spending their spare change paying for court costs and DNA testing.

 

[I AM ALWAYS LIABLE]

Re: Dif'rnt Strokes for Dif'rnt Folks!

Hey LB - Maybe some guys like having their mouths swabbed and spending their spare change paying for court costs and DNA testing.

My response:

Not to mention the attorney's fees involved.

LB, the Petition is a bit more complicated than that, and also you would have to sign to statements made under oath. The form is not just one big check box with the question, "Do you want to be a Daddy?" Not just anybody can sign or swear to the facts under oath, unless you like jail for making perjurious statements.

So, the form is a little more in depth and complex than you make it appear.

IAAL