Can a Man Be Forced to Take a Paternity Test?

When it comes to parental rights and responsibilities, there are different ways to formally establish the paternity of a child in Florida. In some cases, the law presumes a person is the father. In others, the parties might agree to sign a document acknowledging that they are the parents. However, there are also situations where the identity of the biological father is a contentious issue. This can require the courts to get involved.

In many cases, a man is indeed forced to take a paternity test. A judge has a number of options when it comes to ordering a father to submit a DNA test, and there are tools they can use to enforce that order. Let our skilled paternity lawyers answer your questions regarding your right to a paternity test.

The Role of Paternity Testing in Family Law

Paternity plays a central role in family law because it establishes the legal relationship between a father and child. Once paternity is confirmed, either voluntarily or through court proceedings, the father gains both rights and responsibilities. These include the right to seek custody or visitation and the duty to provide financial support. Paternity also ensures that the child can access important benefits such as health insurance and inheritance rights, among other things.

Additionally, establishing paternity provides children with a complete medical history from both parents, which can be critical for healthcare decisions. Without legal paternity, a father has no enforceable parental rights, and a child may be left without the support and legal protections they are entitled to under Florida law.

Who Can Request a Paternity Test?

In Florida, several parties have the legal right to request a paternity test when a child’s parentage is in question. The child’s mother can petition the court to establish paternity, often to secure child support or formalize custody rights. An alleged father may also request testing if he wants to confirm or challenge his biological connection to the child before accepting legal responsibility.

In some cases, the child can initiate the request to secure inheritance rights, medical history, or other benefits tied to biological parentage. Finally, the Florida Department of Revenue has the authority to pursue paternity testing in child support cases, particularly when the mother seeks assistance in enforcing financial obligations. These avenues ensure that the child’s best interests are prioritized, and that both parents’ rights and responsibilities are properly determined under the law.

Consequences of Refusing to Submit DNA

Not only can a judge require a man to take a paternity test, but they can lay out some serious consequences if the order is not complied with. First and foremost, the courts have the power to charge someone with contempt of court if they do not comply with a court order. This is a misdemeanor that could lead to jail time and fines, among other consequences.

What’s more, a judge might also use this refusal as a negative inference in the paternity case. That means they could highlight this failure to comply as an acknowledgement by the man that they are the father, and issue a birth certificate with their name on it.

Learn More About Whether or Not A Judge Can Force a Man to Take a Paternity Test

Still have questions on if a man can be forced to take a paternity test? Now is the right time to learn more. Reach out to The Florida Probate & Family Law Firm today for a free case evaluation.