Can I Get a Paternity Test Without My Ex Knowing?

What do I do if my ex will not agree to a paternity test?

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.

Every child has a right to the following from both parents:

  • Financial Support. Parents owe their children adequate financial support for their shelter, food, medical care, clothing, education and much more.
  • Insurance Benefits. If the child is yours, he or she can get access to insurance benefits either held by you or as a result of your employment.
  • Establishment of a Parental Relationship. If you are the child’s father, you will have the right and obligation to give guidance, leadership and a loving relationship essential to emotional, physical and moral stability.
  • Right of Inheritance. By being declared your child, he or she will be able to receive monetary and real property when you die or are disabled.

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.

From offices in Seal Beach, the Law Office of Ann A. Thomson serves clients throughout Southern California in communities such as Seal Beach, Santa Ana, Brea, Yorba Linda, Fullerton, Corona Del Mar, Costa Mesa, Newport Beach, Irvine, Laguna Beach, Dana Point, Mission Viejo, San Clemente, San Juan Capistrano, Anaheim, Fountain Valley, Garden Grove, Long Beach, Huntington Beach, Norwalk, Torrance, Rancho Palos Verdes and Los Angeles.
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