What would happen if I refuse paternity testing in a paternity trial? What would happen if I refuse paternity testing in a paternity trial? global $post;
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– from Clarence A. in Richfield, WI

Question Details:

I dated a girl for a few months several years ago. We had relations only once. I wouldn't even call her my ex-girlfriend. Anyway, I received a call from her recently and she tells me that she has a son, and that I am the father. There is absolutely no way that I am the father. She said she will take me to court, and they will order me to take a blood test or DNA test. I'm not going to entertain this. I'm not submitting to any testing. What is the worst that could happen?

Family Law Attorney Response:

Imprisonment, actually. That is the worst that could happen. However, it would just really depend on the specifics of your case, and what could be negotiated. If this woman is able to provide the court with a reasonable case, they would have the authority to order you to a paternity test. Especially in the event that she is seeking child support payments from you.

In the case of J.P.L. v. J.H. (In re Paternity of T.P.L.), 120 Wis. 2d 328, 354 N.W.2d 759 (Ct. App. 1984), a similar situation had occurred where a man was ordered to take a blood test in order to establish paternity. He refused. The court found him in contempt, and was subsequently ordered to serve 6 months in jail. He appealed, but the court of appeals affirmed the decision. This is but one scenario.

You should speak to a family law attorney to discuss the case in detail. Legal representation is key in cases such as these, and a lawyer will speak on your behalf in court to represent your point of view.

Dan Exner, J.D.

Family Law Attorney

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Sterling Law Offices, S.C.
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