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Can you be forced to take a paternity test?

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stealth2

Under the Radar Member
Yes, and no. If you refuse, you can be declared the father by default. And then ordered to pay support.

You play? You're gonna pay.

(edit) Although the proper answer to your question "Can you be forced to take a paternity test?" would be no.
 
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JETX

Senior Member
Sorry... but the CORRECT answer is Yes, you can be forced to take a paternity test. All that is needed is for one of the affected parties to file a 'paternity' suit and for the court to ORDER that a test be taken.

In Nevada:
If the mother is married or widowed at the time of birth, her husband is considered by law to be the father unless:
- A court has issued an order establishing that a person, other than the mother's husband, is the father, or
- The mother and alleged father, other than the mother's husband, have signed an affidavit for the voluntary acknowledgement of paternity.

If the mother is not married at the time of conception or birth, paternity can be established in two ways:
- Both parents can sign a voluntary acknowledgment of paternity which is filed with the state registrar of vital statistics.
- A judge can declare a man the legal father of a child after a court hearing or by a default order.
 

stealth2

Under the Radar Member
Sorry... but the CORRECT answer is Yes, you can be forced to take a paternity test.
Actually, Jet.... OP Asked if *you* could be forced to take a paternity test. *I* could not be, as I could never be someone's father. I don't have the right parts. ;)

However, as we both stated otherwise, *he* could be. Or pay by being found to be the father by default.
 

JETX

Senior Member
Actually, Jet.... OP Asked if *you* could be forced to take a paternity test. *I* could not be, as I could never be someone's father.
Nice spin... for your error. :D
Ever thought about getting into politics?? Hillary could use your 'talents'.
 

stealth2

Under the Radar Member
Nice spin... for your error. :D
Ever thought about getting into politics?? Hillary could use your 'talents'.
Actually, Jet.... I told him up front that he could be ordered to take a paternity test. And if he refused to take it, he could be found to be the father by default and ordered to pay support. Which part of that is wrong?

However, the way the question was phrased, the rest of my answer is correct. "You" - i.e. *I* as the "you" in the question could NOT be forced to take a paternity test - because I could never be a child's father. It was a play on words. Which I'm sure you understood. No need for you to take your crabbiness out on the rest of us.

(edit) And Hillary can bite me.
 

CourtClerk

Senior Member
Actually no, he cannot be "forced" in the literal sense of the word to take a paternity test. A judge can order a test as part of a paternity suit, but there is no court in the land that is going to make him sit down and have his cheek swabbed.

Now, there are consequences for disobeying a court's order as we all know. The consequence for not taking an ordered paternity test is paternity be default. So technically, Stealth's answer was correct... both ways she put it.
 

fairisfair

Senior Member
Actually, Jet.... I told him up front that he could be ordered to take a paternity test. And if he refused to take it, he could be found to be the father by default and ordered to pay support. Which part of that is wrong?

However, the way the question was phrased, the rest of my answer is correct. "You" - i.e. *I* as the "you" in the question could NOT be forced to take a paternity test - because I could never be a child's father. It was a play on words. Which I'm sure you understood. No need for you to take your crabbiness out on the rest of us.

(edit) And Hillary can bite me.
Aw, c'mon stealth, you mean you haven't heard about the paternity police who come in the middle of the night, hold you down and swab you?:rolleyes:
 
In Nevada:
If the mother is married or widowed at the time of birth, her husband is considered by law to be the father unless:
- A court has issued an order establishing that a person, other than the mother's husband, is the father, or
- The mother and alleged father, other than the mother's husband, have signed an affidavit for the voluntary acknowledgement of paternity.
If the mother is married than the husband will legally be considered the father and no other man can be ordered to take the paternity test?
 

LdiJ

Senior Member
If the mother is married than the husband will legally be considered the father and no other man can be ordered to take the paternity test?
Nope...that is not correct. If the husband challenges paternity and proves via DNA that he is not the father then potential biological fathers can be ordered to take the paternity test.

Of course, that has to happen within statutory guidelines. A husband isn't going to be able to do that when the child is 15...for example....but a husband is absolutely going to be able to do that within months of the child's birth...and the rest is going to vary by state.
 

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