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If the mother was married to someone else when the child was conceived or born, or someone else is named as the child's father, the court could refuse to order testing, based upon a legal rule called equitable estoppel.If the DNA test shows the man is not the biological father, the petition will be dismissed.

Unwed mothers automatically assume full legal and physical custody of their child at birth as long as the court has not made an order taking away the mother's rights. However, the father may be able to obtain some measure of custody if he is able to legally establish paternity.

Signing a voluntary Acknowledgment of Paternity (AOP) form, available from hospitals, local district child support offices, and local birth registrars; or. Filing a court petition to have the court determine paternity.

Yes, a Judge may deny a request for a paternity test if doing so would be in the child's best interests. Typically a Guardian ad Litem would be appointed to determine bests interests before a Judge would deny the request.

Generally speaking, if DCSS (Department of Child Support Services ) is suing someone for paternity, the party being sued can request the court order genetic testing. If the court does so, both parties would be required to test, as would the child.

Fathers who were not married when their child was born must legally establish paternity in order to gain access to father's rights.Once paternity is established, a father may pursue child visitation or other custody rights.

Collection by a physician under chain of custody; The specimen must be accompanied by a test order from your physician or lawyer; The laboratory must hold a New York State Department of Health certificate.

For example, in a paternity fraud case, the judge may hold a person in contempt for lying or falsifying information about the paternity test. When this occurs, the judge may issue a contempt order, which can result in criminal charges.

That all depends. While paternity fraud isn't a crime, a man can take civil action against a woman to seek reimbursement of his child support. However, the court's responsibility is to do what's in the child's best interests.