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Paternity Testing Disputes

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What Is Paternity Testing?

Paternity testing may be needed when trying to verify the identity of a child’s father. Such testing is often voluntary, such as when the parties agree to obtain testing outside of court. In other cases, paternity testing may be requested according to a judge’s instructions or a court order. This can often occur in connection with a formal paternity hearing in court.

What Are Some Common Paternity Test Disputes?

Paternity disputes can sometimes arise in the course of a legal proceeding. A common dispute is where a party is contesting paternity on the basis of a paternity test. Some common paternity disputes involve issues such as:

  • Errors with the lab test
  • Fraud or deception regarding the results
  • Issues regarding amount of monthly child support payments
  • Disputes over termination of child support
  • Visitation and custody rights
  • Disputes over testing conducted during pregnancy (i.e., prenatal testing disputes)

Other disputes may involve documentation, such as birth certificates, etc. used during the testing procedures. Errors in an application can also play a factor as well.

How Are Paternity Test Disputes Resolved?

Paternity test disputes can sometimes be resolved through a second test. Sometimes a second opinion can help resolve issues like lab errors or mistakes. In most cases, paternity DNA tests are very accurate, and not subject to very many technical errors. However, human error can sometimes account for some mistakes in a paternity test. Thus, the court might search the records for errors made when entering data, etc.

Other disputes, such as disputes over child custody or support are often separate issued and may need additional proof. For instance, the court will likely require documentation for each party’s finances and assets.

Do I Need a Lawyer for Help with Paternity Test Issues?

Paternity determinations can often be complex proceedings. You may need to hire a lawyer if you need help with a paternity test. Your attorney can provide you with responses and advice for your dispute. Also, if you need to file for damages or other types of rulings, your lawyer can represent your claim for those matters.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 02-27-2014 12:44 PM PST

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