Parental Rights and Responsibilities: A Guide for DNA Testing and Child Support

Confusion often arises when a birth mother denies paternity tests for a child, but later claims back support payments when the child reaches adulthood. This article aims to clarify the legal responsibilities and rights associated with providing a paternity test and establishing child support.

Can a Mother Deny a Paternity Test?

The short answer is no, a mother cannot legally deny you a paternity test from day one. However, the situation changes dramatically as the child grows older. If the mother denies paternity tests initially, it is ultimately your responsibility to pursue one if you have any doubt. Waiting until the child turns 17 to request a paternity test could be seen as an opportunity missed, as it can lead to back support claims.

Responsibilities and Rights

It is crucial to address the responsibilities and rights involved in these situations. Once a child is born, whether you suspect paternity or not, you become a 50/50 responsible party for the child. If the mother is not willing to keep you involved, you have the right to legally establish paternity and secure child support and visitation rights. If you did not seek to establish your parental relationship or were not involved in the child's life, you might be faced with legal challenges.

Legal Actions and Court Involvement

If the mother later tries to claim back support for the 17 years you were not involved, you should seek legal recourse. Going to court and demanding restitution can be a viable option, but be prepared for potential backlash from the judge for allowing the situation to continue for so long. However, the court will not hold you liable for prior years because the mother acted in bad faith to prevent you from establishing a relationship with your child. This is a significant point that most judges do not condone.

Preventing Back Support Claims

To avoid back support claims, it is advisable to take the necessary legal measures to establish paternity as soon as you have any suspicion. If you are faced with a situation where the mother initially denies paternity tests but later attempts to claim support, you need to prove that you are not the father. DNA testing at birth is the best course of action. The court can compel the mother to undergo a DNA test if necessary.

Conclusion

The courts operate on principles of fairness and justice, and manipulation of the system is generally not tolerated. If the mother has not taken legal steps to secure support for the child in a timely manner, it is less likely that she will succeed in claiming back support. Establishing paternity and securing your rights as a parent is crucial, and seeking legal advice can provide the necessary guidance through this process.