First, realize that you now have no legal relationship with the child, even if you truly believe you are the father. Without your ex’s agreement and written consent, you cannot compel any medical tests on the child. If your ex will not agree to a paternity test, then you will have to get a court order. While the judge may be sympathetic to your paternal impulse, stating in the petition that you wish to be legally and financially responsible for the child will likely gain favor.
Your first step is to hire competent counsel experienced in family law, such as the Law Offices of Ann A. Thomson (Seal Beach family law attorney). If, with her advice, you decide to pursue a declaration of paternity, she will file a Petition with the court to prove paternity using a DNA test.
After receiving the declaration of paternity, your ex will need to file a Response to the court. The judge will then either refer the case to mediation or schedule a hearing on the matter. At the end of the process, the judge will rule on whether to compel genetic testing.
So, the short answer is, no. You cannot ever get a DNA test for the child without the mother’s knowledge and consent. It is absolutely illegal and the results would mean nothing legally except get you in a lot of trouble.
If you or a loved have any questions or need legal advice regarding a paternity test, contact us today at 562-431-4333.