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Challenging paternity tests, Part 1

When a child is born, the hospital, government, and the world can identify the mother, therefore, her parental rights are never questioned (unless there is evidence of abuse). But, fathers are harder to identify because there is no way to know without a DNA test truly. The rest of the time, it is based on what the mother and father say (in most cases). This post will go over how paternity is established and challenged.

Paternity is the establishment of formal legal rights between a father and his child. The legal rights mean that the father and child enjoy reciprocal duties and obligations. For instance, the father is under a financial obligation to care for his child. Similarly, the child is legally bound to obey her father. As you can imagine, paternity imposes an enormous financial burden. Therefore, many fathers fight against paternity.

It isn’t fair that you should pay for a child that isn’t yours, therefore, it is important that you contest paternity actions. There are three ways you can contest paternity; this post will go over the first.

If a DNA test is ordered and it comes back positive, 99 percent of the time you are the father. But there are a few instances in which the results are less than accurate because the lab results were tainted or fraudulent. In these cases, you would need to contest the standard of care at the lab. For instance, the lab might not segregate “samples” correctly which led to tainted results and false correlations.

As you can see, contesting a paternity action is possible, but it is complicated. If you are engaged in a paternity dispute, you may want to contact an attorney. These cases are more difficult than many people initially appreciate because you are fighting over the nuances in scientific tests. You need to strictly review the handling and testing procedures to ensure the tests were accurate. An attorney can go over these results and help you formulate a defense.

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