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Paternity
Can I force someone who may be my father into taking a paternity test?

Can I force someone who may be my father into taking a paternity test?

Q: Do both parents need to be present for a paternity test?

No, both parents do not need to be present for a paternity test. A test can be conducted with just the mother and child, but including the father's sample can lead to more accurate results. If establishing legal paternity is necessary, it's advisable to seek legal counsel to understand the implications and processes involved.

Full question:

I want to know if I can get a court ordered paternity test for a man I have been told may be my father. I have recently found him and have his address. I am 46 years old and just recently may have found my father and want to know if I can legally pursue paternity via the California courts.

Category: Paternity
Date: 04/07/2025
State: California

Answer:

Please see the information and forms at the following links:

http://lawdigest.uslegalforms.com/paternity/index.php?dID=518
http://www.uslegalforms.com/ca/CA-598P.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if you have a baby with someone else while married in Virginia?

In Virginia, if you have a baby with someone other than your spouse while married, your spouse is generally considered the legal parent of the child. This is due to the presumption of paternity, which means your spouse has the rights and responsibilities of a parent unless a court determines otherwise. If the biological father wishes to establish paternity, he may need to file a petition with the court for a paternity test. Legal advice is recommended to navigate these situations.

Does the father have to be present for a paternity test?

No, the father does not have to be present for a paternity test to be conducted. However, his participation can facilitate the process and ensure accurate results. If the father is unavailable, a test can still be performed using samples from the mother and child, but results may be less definitive. It's advisable to consult with a legal professional for guidance on how to proceed in such cases.

Can you find paternity results online?

Paternity test results are typically confidential and not publicly accessible online. They are usually provided directly to the individuals involved in the testing. If you have undergone a legal paternity test, you should receive official documentation from the testing facility. For any questions about accessing results, it's best to contact the facility that performed the test.

Can a DNA test be done with just the mother and child?

Yes, a DNA test can be conducted using just the mother and child. This type of testing can determine whether the man in question is the biological father based on the genetic material from the mother and child. However, results may be less conclusive than if the father were also tested. It's advisable to consult with a legal professional for more information on the implications of such testing.

Can you do a paternity test without the father present?

Yes, you can conduct a paternity test without the father being present. In such cases, the test can be performed using samples from the mother and child. However, including the father's sample usually provides more definitive results. If you need to establish legal paternity, consider consulting with a legal professional for guidance on the best approach.