There are multiple situations in which paternity may be a necessary step in a legal process involving disputed familial rights. There can be issues associated with heirship and inheritance, parental time and visitation, and child support and maintenance. In these instances, a court may order a paternity test to determine parentage.
Key Takeaways
Paternity in Marriage
Typically, in relationships between a man and a woman, for example, if the couple is married and they have a baby, the husband is presumed to be the baby’s father. This is especially true if the husband signs the birth certificate when the baby is born. Legally speaking, there is not much doubt as to who the child’s father is. Under the eyes of the law, specifically the Illinois Parentage Act, when a couple is legally married, and a child is born during the course of the couple’s marriage, the husband is legally the father of that child. Of course, this may not be the case in a scenario where the wife has had an affair with another man. So, a paternity test may be needed in divorce proceedings. The situation may also be different if the couple are of the same sex or if an adoption process has been involved.
Paternity Tests in Divorce
Sticking with the theme of marriage and divorce, let’s say that a married couple is divorcing, and the husband is trying to get either joint custody or some parental visitation with their youngest child, a baby. The wife counters that he should not be given any form of custody or visitation rights because she had an affair at the time of her pregnancy and is certain that the soon-to-be ex-husband is not the child’s biological father. In this scenario, both parties may agree that a DNA test is necessary to determine paternity. If the husband is not indeed the child’s biological father, he may receive no custody nor any visitation rights, but he may also not have any obligation to pay the wife any child support.
Weighing the Implications of a Paternity Test
So, it is sometimes worth considering whether a paternity test will actually release one of the parties from an obligation that the other one would like to remain intact. If you are the person claimed to be the father, would you rather be let off the hook, so to speak, from having to pay child support? Or, if you have already invested considerable time, energy, and love into a child who you may find out is not actually your biological child, would you be okay with losing legal rights to that child and being denied all custody and visitation?
Court-Ordered Paternity Tests
There are many types of situations that may come up, but if the mother does not want confirmation of paternity for whatever reason, she may refuse the husband’s suggestion to have a DNA test performed. However, she cannot refuse a paternity test, which has been officially ordered by a court.
Paternity Tests in Non-Marital Relationships
In a situation where a couple is not married, and they have a child, a paternity test may be ordered to determine if the partner is the child’s biological father. This would also be determinative of whether he has any legal responsibility towards that child. If the mother has full legal custody of her child, and the male partner, or any male with whom she may have had a sexual encounter or relationship, asks for a paternity test, in this scenario, the mother may refuse the request because technically speaking, the man has no legal rights over that child and therefore has no right to force the mother to comply with the paternity test request. Once again, though, if a court orders a DNA test, the mother must comply with the court order.
Requesting a Court-Ordered Paternity Test
If someone believes they may be the father of a child, they can officially request that a court order a DNA test to show whether they are the father or not. Then, if they are indeed the father, a child custody case will be filed to determine who gets what amount of custody and how child support will be allocated. So, if and when a court orders a DNA test to determine paternity, the mother cannot refuse and must comply with the order. Otherwise, she may be held in contempt of court and face consequences such as hefty legal fines or be made to pay for the other party’s legal fees. She may also be made to pay the other party’s legal fees if she consents to the DNA test, and it is determined that the other party is not in fact the father.
Refusing to Submit to a DNA Test
There is an important distinction to note, though. A mother may refuse to submit to a DNA test herself, she just cannot refuse her child be tested if a court orders it. Determining a child’s biological father is necessary for figuring out the issues surrounding custody and child support, as well as future rights like that related to inheritance.
Importance of Paternity Tests
So, in light of that, paternity tests are a critical factor in coming to this determination. Let us further recap some of the most important factors of what happens if a mother tries to refuse a court-ordered paternity test for her child. Refusing any type of court order, including that of a paternity test, can result in the mother being found in contempt of court. This finding can in turn lead to legal penalties such as fines and even jail time. Courts do not look favorably on people who try to skirt around what they have been ordered to do, and this is not surprising given that it really can hinder the smooth flow of the legal process.
Consequences of Refusing a Paternity Test
If a mother tries to refuse a court-ordered paternity test, she can likewise actually just make her situation more difficult because the court may then decide to use the available evidence to come to some sort of conclusion which may not be favorable to her case. On the flip side, if the mother is married and refuses to comply with the paternity test, then the court may automatically impose child support obligations on the husband or the alleged father in a case where the couple is unmarried. The mother may find this favorable, but it will also lead to the husband or alleged father having legal rights over the child. This can create a situation where the mother’s desires for her child are put into direct opposition from her husband or soon-to-be ex-husband, who may want completely different things for that child. So, the mother needs to weigh up what is more important to her – getting financial support or being made to share rights over her child?
Implications for Inheritance
The issue of inheritance is also important for the mother to consider. If she wants her child to be able to inherit assets from the alleged father in the future, she needs to comply with a paternity test to determine if the alleged father is, in fact, the child’s biological father. Of course, in such a scenario, she should be fairly sure of the outcome in advance, or otherwise, this may actually be a gamble. Determining paternity can also affect the child’s ability to receive other types of benefits from the alleged father. This can include things like health insurance and other medical benefits.
Final Thoughts
In conclusion, refusing to comply with a court order for a paternity test can lead to significant legal consequences in Illinois as well as other states. These can include legal penalties like contempt of court, fines, and even jail time in the most serious instances. It is always advisable to comply with court orders, especially when the long-term consequences for a child can be so determinative of their overall well-being.
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