Can I Be Forced to Take a Paternity Test in Indiana? | New Albany Fathers’ Rights Attorneys

At Mattox & Wilson, we understand that questions regarding paternity can be both emotionally charged and legally complex. As experienced family law attorneys based in New Albany, Indiana, we have helped numerous fathers and mothers navigate the challenging terrain of paternity issues. One of the most common questions we encounter is whether an individual can be compelled to take a paternity test in Indiana. Here, we aim to provide a thorough overview of this topic, addressing your concerns and clarifying your rights under Indiana law.

If you have questions about a paternity or child custody case in Indiana, we invite you to call our office at 812-944-8005 to schedule a consultation. We can listen to the facts of your case, explain your legal options, and tenaciously advocate for the best possible outcome.

Understanding Paternity in Indiana

Paternity, the legal acknowledgment of the parental relationship between a father and a child, carries significant implications for child support, custody, and visitation rights. In Indiana, establishing paternity is crucial for unmarried parents who wish to secure legal rights and responsibilities concerning their child.

When Can You Be Forced to Take a Paternity Test?

In Indiana, paternity can be established voluntarily or involuntarily. If there is a dispute regarding a child’s paternity, the court may intervene and order a paternity test. This situation typically arises in the following contexts:

• Child Support Cases: If the Indiana Department of Child Services (DCS) or the child’s mother files for child support and there is a dispute about paternity, the court can mandate a paternity test. According to Indiana Code § 31-14-4-1, the court has the authority to order genetic testing to determine paternity.
• Custody and Visitation Rights: A man claiming to be the father of a child may seek to establish paternity to gain custody or visitation rights. Conversely, if the mother contests his claim, the court may require a paternity test.
• Paternity Actions Filed by the Child’s Mother or Alleged Father: Either the mother or the alleged father can file a paternity action in court. Under Indiana Code § 31-14-5-3, the court can order genetic testing to resolve the dispute.

The Process of Establishing Paternity

When a paternity test is ordered, the process involves collecting DNA samples, typically through a buccal (cheek) swab. The collected samples are then analyzed to determine whether there is a genetic match between the alleged father and the child.

• Voluntary Acknowledgment: If both parents agree on the paternity, they can sign a paternity affidavit at the hospital when the child is born or later at the local health department. This affidavit establishes legal paternity without the need for a court order.
• Court-Ordered Paternity Test: If there is a dispute, either party can request the court to order a paternity test. The court will review the evidence and, if deemed necessary, issue an order for genetic testing.

Legal Implications of Establishing Paternity in Indiana

Once paternity is established, either voluntarily or through a court order, the father gains several rights and responsibilities:

• Child Support: The father is legally obligated to provide financial support for the child.
• Custody and Visitation: The father can seek custody or visitation rights through the court.
• Inheritance Rights: The child gains the right to inherit from the father.
• Access to Medical History: Establishing paternity provides the potential opportunity to learn about that medical history.

Protecting Fathers’ Rights

As fathers’ rights attorneys, we are committed to ensuring that fathers in New Albany and throughout Indiana are treated fairly in paternity cases. Whether you are seeking to establish paternity to gain custody rights or contesting a paternity claim, we can provide the legal guidance and representation you need.

For more information on Indiana paternity laws or to speak with a New Albany fathers’ rights attorney, call us at 812-944-8005. We’re here to help you understand your rights and guide you through the legal process.

New Albany Paternity FAQs

What is the legal basis for ordering a paternity test in Indiana?

The court’s authority to order a paternity test is outlined in Indiana Code § 31-14-4-1, which allows the court to mandate genetic testing to establish paternity when there is a dispute.

Can I refuse to take a paternity test?

Refusing a court-ordered paternity test can result in legal consequences, including being held in contempt of court. The court may also interpret the refusal as an indication of paternity.

How long does it take to get the results of a paternity test?

The results of a paternity test are typically available within a few weeks. The exact timeframe can vary depending on the laboratory’s processing time.

Can the results of a paternity test be challenged?

Yes, the results of a paternity test can be challenged in court, but doing so requires substantial evidence. It is essential to consult with an experienced family law attorney to understand your options.

What happens if I am established as the father?

If you are established as the father, you will have the legal rights and responsibilities of parenthood, including the obligation to provide child support and the right to seek custody or visitation.

Can I request a paternity test if I believe I am the father, but the mother disputes it?

Yes, if you believe you are the father and the mother disputes your claim, you can file a paternity action in court to request a paternity test.

How is paternity established if the father is deceased?

Paternity can still be established after the father’s death through genetic testing of the father’s relatives or using stored DNA samples, if available.

Navigating the complexities of paternity issues can be daunting, but you don’t have to face them alone. At Mattox & Wilson, we are dedicated to protecting the rights of parents, ensuring that paternity matters are resolved fairly and justly. If you have questions about paternity or need legal representation, contact our New Albany office today to schedule a consultation.