One of the most important "findings of fact" that a family court will need in determining who is responsible for a child, are the results of a DNA paternity test. A paternity test compares the DNA of a child with the DNA of purported or suspected fathers to determine who is ultimately responsible for the child's creation. In child support, custody and welfare cases, the court can order paternity tests to establish the facts without question. Both mothers and fathers have rights when it comes to paternity testing.
Historical Reforms
In the later part of the 20th century, mothers often requested paternity tests to force a man to take legal responsibility for a child she claimed he fathered. More recently however, men have begun advocating for paternity testing to establish their rights to custody of a child he claims even though the mother rejects his claim. Today the court wants to establish paternity for the welfare of the child. Courts are also using paternity tests as a means to force parents to take a particular action.
Medical Safety Aspects
Paternity can be established before birth through sampling of the child's blood while still in the womb. This procedure can carry a little risk however, and mothers who are concerned about their baby's prenatal health can often successfully stop the court from ordering this form of testing. There are other ways to collect DNA samples from children after their births that are safer.
Testing Reliability Questions
Because established paternity is so important, getting the correct result from DNA testing is crucial. Swab tests, in which cells are swabbed from the lining of the mouth, are not as reliable as blood tests according to experts at the paternity testing service, Cytomation. Mothers have the right to petition the court to order a blood test of the men involved in the case to get the most reliable result.
Constitutional Questions
While it is unconstitutional to be forced to provide evidence against oneself, state and federal courts have nevertheless ruled that certain DNA tests can be forcibly taken from defendants in paternity cases. In most states men who are charged with paternity of a child, can be ordered to undergo DNA testing. Mothers have a right to ask for this forced testing of the man, or men, she believes may be the father of the child.
Basis for Appeals
Mothers have the right to challenge the findings of a DNA test. According to paternity lawyers at Shimmel Law Offices, in Grand Rapids, Michigan, an appeal is most often granted by the court when the swab test is used--instead of blood tests--or when the lab conducting the test isn't properly licensed for the test or mishandles the test materials or results. A DNA test can be ordered repeated by a different lab on a mother's motion for appeal.
Consequences
Establishing paternity makes several other court decisions possible, such as ordering of child support payments and granting of custodial rights. In most, but not all cases, it is within the interests of the mother to establish paternity without question to make a father pay child support, or deny a man custodial access to the child. Courts prefer to establish paternity in all child-custody and support procedures, so the issue cannot come up again in the future.
