How To Request a Paternity Test
Establishing paternity can be done by an Acknowledgement of Parentage or genetic testing. When a man is uncertain if he fathered a child or if he is certain and wants to establish parenting time, paternity testing can be requested. Family law attorneys can handle such cases for in excess of $1,000, or a father can request the paternity test on his own.
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Instructions
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Determine which court that has jurisdiction. If you and the other party reside in the same county, the local Circuit Court (Family Division) would have jurisdiction. If you and the other party reside in different counties or even states, call the local court to determine which Circuit Court holds jurisdiction.
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Obtain a copy of the Friend of the Court Handbook. The Friend of the Court is within the Circuit Court Division and handles paternity matters. This handbook gives vital information on protocol for submitting motions, fees, and requirements.
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Research the applicable state laws regarding requesting a paternity test. When requesting a paternity test, cite the state law that gives you the right to request this test. State laws are available online and have search capabilities to make finding the right law easier.
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4
Write the request. This request is known as a motion. Typically a "motion to compel genetic testing" is sufficient. The motion must contain certain things to be a valid motion -- such as the mother, the child, and why you believe you are the father, and the applicable state law. Check with the Friend of the Court handbook or contact the Friend of the Court to find all the information needed.
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File the motion with the court. Take the motion to the court of jurisdiction and file it with the court clerk. A fee is associated with filing a motion. During this time you will be given a court date and time for your motion to be heard by a judge or referee.
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Serve the motion on the other party. This can be done personally or via regular or certified U.S. mail.
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Write the certificate of personal service. This document states you served the other party with a copy of the motion, how you served the copy, and when you served the copy.
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Appear at the hearing. You will be asked about your motion and will answer any questions asked by the other party or the judge. Bring all documents that will support your motion.
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Tips & Warnings
The motion must be typed.
The local legal aid office may be able to assist in the drafting and filing of the motion.
The other party may obtain legal representation, who may file other motions to oppose your motion. This may make the process more difficult and put you in the position where you may have to obtain legal representation.
