Characteristics of a court DNA test

Refuse a court ordered DNA Test Presumed to be the Father | RS Law

When a couple cannot reach an agreement about their children, the intervention of a judge is necessary. When the father doubts his paternity, a legally valid test must be carried out. This is known as a court DNA test and has a very specific procedure that must be followed by the letter. To order this test, you can go to the website of a laboratory in your city that offers it. You make the payment online and then the lab will tell you where to go to get your samples. A legal paternity test requires that the samples are taken by authorised personnel, who certify that the samples were taken from the persons who are going to take part in the trial. Besides that, he or she must guard the samples until they reach the laboratory to avoid any contamination.

What you should know about this test

It is important that when you buy this test from a laboratory’s website; you check two things. First, make sure that the test is admissible in legal proceedings. There are similar tests that are cheaper but whose results cannot be used in court. On the other hand, check that the laboratory has the necessary permits to perform legal tests. You will be able to find this information after searching on the Internet. Although the people taking part in the test must go to a certain place to provide their samples, they do not have to go on the same day or at the same time. However, there is likely to be a time limit for attendance. Be aware that if you do not attend to provide your DNA sample, the judge could hold you in contempt of court and you could go to jail.

The judge makes the final decision

It is well known that even when a father establishes paternity; he does not always receive full rights to his children. By law, the mother has priority in terms of child custody. However, the judge also verifies the financial status of each parent. This review includes the monthly income they receive, the type of work they have, where they live, among other requirements. If the mother does not meet the minimum legal requirements, the judge may rule in favour of the father and grant him full custody of the children. It is the judge, after reviewing all the evidence and hearing all the witnesses in court, who will make the final decision on the fate of the children.