Most, if not all, states have a procedure for requiring parties in a paternity action to submit to blood tests and any other tests which reasonably prove or disprove the probability of paternity. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: West Virginia Motion of Plaintiff for Blood Test of Putative Father in Order to Help Determine Paternity and Notice of Motion — Court Ordered Introduction: When it comes to determining paternity in West Virginia, the court allows plaintiffs to file a Motion for Blood Test of Putative Father to provide scientific evidence in paternity cases. This article aims to provide a detailed description of this motion, highlighting its purpose, the process involved, and important considerations. Additionally, different types of motions related to determining paternity in West Virginia will be briefly mentioned. 1. Understanding the West Virginia Motion for Blood Test of Putative Father: In West Virginia, the Motion for Blood Test of Putative Father is a legal request made by the plaintiff to submit the putative father (alleged father) for a blood test to help determine paternity. The primary objective of this motion is to provide scientific evidence that contributes to the establishment or dismissal of paternity claims. 2. Purpose of the Motion: The Motion for Blood Test of Putative Father is filed when there is uncertainty or dispute regarding the biological relationship between the alleged father and the child. The court-ordered blood test aims to provide accurate and objective evidence, ensuring fair resolution of paternity-related matters. 3. Filing the Motion: To initiate the Motion for Blood Test, the plaintiff or their attorney must draft a formal notice of motion addressed to the court. This notice includes the request for a court order to compel the putative father to undergo a blood test. The document should be comprehensive and clearly outline the reasons and evidence supporting the need for examination. 4. Contents of the Motion: The Motion for Blood Test generally consists of the following elements: — Identification of parties involved, including the plaintiff, defendant, and the minor child. — A detailed explanation of the reasons behind requesting a blood test, such as doubt about the alleged father's biological relationship, genetic considerations, or other relevant factors. — Supporting evidence, such as previous DNA testing results, medical records, witnesses' statements, or affidavits, to strengthen the claim. — A request for a court order, compelling the putative father to undergo the designated blood test(s) within the specified timeframe. 5. Notice of Motion — Court Ordered: Upon filing the Motion for Blood Test, the plaintiff must also serve a Notice of Motion — Court Ordered to all parties involved. This notice formally informs the defendant (putative father) about the pending motion, their obligation to comply with the court-ordered blood test, and the consequences of non-compliance, if any. Types of West Virginia Motions for Determining Paternity: 1. Motion for Genetic Testing: This motion is filed when the plaintiff seeks genetic testing, such as DNA tests, for identifying the biological father. 2. Motion for Custody Evaluation: If custody is contested and paternity is an issue, a plaintiff may file this motion to request a court-appointed custody evaluation regarding the potential father's involvement. 3. Motion for Paternity Testing Modification: This motion is filed when one party seeks to modify or challenge the previous paternity test's results to establish or disprove paternity. Conclusion: In West Virginia, the Motion for Blood Test of Putative Father plays a crucial role in determining paternity accurately. Through this motion, plaintiffs can seek scientific evidence to establish or dismiss paternity claims. It is essential to follow the correct legal procedures and present compelling evidence to support the motion.
