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Challenging a Paternity Test

Posted on in Paternity

California paternity attorney, California family law attorneyThere are many reasons for establishing paternity. Whether for peace of mind, for medical history or for child support, no reason is too small and doing so can be beneficial for the child or children involved. Paternity testing may be initiated by either the mother or the father and likewise can be challenged by either party. However, once parentage is established, it may be difficult to alter the determination of paternity. 

Why Anyone May Challenge

There are many reasons why someone may wish to legally prove that the listed biological father is not scientifically the biological father. A father may believe that the child is his and want to be a part of his child’s life, yet the mother may have claimed someone else as the father in order to keep the real father away. No matter the reason, challenging paternity tests may be the way to obtain the resolution you are hoping for.

How Might a Paternity Test Be Incorrect

Paternity tests are often the method that are used to determine paternity. Yet, as with all tests, a small potential for errors exists and tests may need to be retaken. However, challenging a scientific test will only be approved if there are grounds for believing the results were inaccurate. A list of some of the grounds for challenging these tests are:

  • Tainted lab results: Evidence exists that shows prior errors in results or substandard testing at the facility;
  • Fraudulent lab results: There is evidence that someone else took the test on the father's behalf;
  • There is hard evidentiary proof of sterility or infertility;
  •  It can be proven that the tests were tampered with; or
  • Evidence is brought to light that the mother had at least one instance of infidelity in marriage and paternity of mother’s husband is a rebuttable presumption under the law.

The process of challenging paternity is much like establishing paternity, however once a court process has been used in order to establish paternity in the first place, it may be difficult to challenge a previous court decision. It may be beneficial to have someone on your side who has not only knowledge of the legal system, but also in-depth experience and knowledge of DNA testing. With over 35 years of experience, attorney Benita Ventresca has experience with nearly every scenario imaginable, including your current situation. If you are interested in speaking with a Santa Clara, CA family law attorney, contact us today at 408-395-8822 for your free initial consultation.

 

 

Sources:

http://www.courts.ca.gov/1202.htm

http://www.courts.ca.gov/selfhelp-parentage.htm

 

 

 

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