Courts rely on DNA paternity testing to help ascertain whether or not the child support should be ordered. This is because the results are totally unbiased, scientifically proven and quite accurate. In most of the cases, the results display a 99 percent accuracy or 0 percent. It is simply a cut and dried process which makes it more resourceful for settling the disputes. If you are seeking how to use legal DNA tests for child support, here are the very basics you should be acquainted with. Take into consideration that different states have different laws to follow.
If you want to get child support
- If the parents got married at the time when the child was conceived or born, or was born within 300 days followed by a divorce:
In most of the states, in this case, the husband is usually considered to be the legal father of the child. When it comes to the divorce, no DNA test is required since the child’s paternity is already taken into account by the law. In other words, no DNA test required.
- If the parents hadn’t married when the child was born and the father duly accepts the paternity:
When the child is born, the father can choose to sign a Voluntary Acknowledgement of Paternity. This document is an indication that the man legally acknowledges himself as the father of the child. If both his parents sign this Acknowledgement, then the man’s name goes on the birth certificate. Now as he is deemed the legal father by the law, he is responsible for paying the alimony if the couple decides to split up and the child support is ordered. In other words, no DNA test required.
- If the parents hadn’t married when the child was born and the father denies the paternity.
In most of the states, when the unmarried parents break up, and the man hadn’t signed the Voluntary Acknowledgment of Paternity, there is a good chance that the law will order a DNA paternity test to help determine the establishment or disproving the paternity. If the man refuses for the test, the court has the power to rule in favor of offering the child support and will take actions based on the best interest of the child. In other words, a paternity test is required.
Understanding the requirements of paternity tests
Unluckily, an error many couples make is the assumption that the results derived from a home paternity test can be used as an evidence in the child support case and they are duly disappointed when it cannot be used for legal purposes. These at-home paternity test can only provide peace of mind, but its results are not court-admissible. This is because when this test is conducted at home, the court doesn’t know if the samples provided by the parents are really theirs and not someone else’s. To make the results court-admissible, a legal DNA paternity test has to be conducted