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Legal Resources

Legal Resources and Legal Paternity Testing

Legal Resources are important when considering using a DNA Paternity Test for legal purposes. Legal Paternity Testing establishes a person as the legal father of a child in cases where the parents are not married or in case where they are separating/divorcing and gives the father custody of the child and parental rights and responsibilities. Parental rights include custody and timesharing rights, and the right to make decisions about the child’s upbringing. The legal father also has a duty to support the child through financial child support determined by a court of law.

If a paternity test is to be used in a court of law, a legal process called a chain of custody of the DNA sample must be verified. This means that every step of the paternity testing process and analysis is documented, from the collection of the DNA sample by an independent party through the processing of the sample by the national LABCORP laboratory. DNA Paternity Testing Center takes care of all of this process and completes all DNA Paternity legal documents an individual will need for court.

In 2010, 24.87% of men tested for paternity were proved not to be the father, according to the AABB 2010 annual report. The Department of Health and Human Services, Office of Inspector General released the following on DNA Paternity Testing and State use of Genetic Testing in September of 1999:

“BACKGROUND: Widespread use of genetic testing has contributed to increases in the number of paternities established in recent years. However, barriers may exist that inhibit the effective use of testing. Federal legislation requires States to empower their child support agencies with authority to order parties to submit to genetic testing. States agencies must make genetic testing available upon request of any party in a paternity case, pay for testing in some cases, and affirm that test results create a presumption of paternity. The Federal government matches State funds to cover testing expenses, and States may recoup these costs from the father once paternity is established. To obtain information on how States use genetic testing, barriers to its use, and strategies to surmount barriers, we surveyed child support agency directors in all States. Additionally, in six focus States, we surveyed local child support office managers and interviewed local managers and staff during site visits to twenty-four offices.

“FINDINGS: States Use Genetic Testing in a Large Number of Paternity Cases. State child support agencies widely agree that genetic testing in a significant number of paternity cases. All but one State typically tests all three parties – child, mother, and putative father – maximizing the precision of test results. Forty-three State child support agencies have the authority to administratively order parties to submit to genetic testing, while eight State agencies have no such authority, or must gain approval from the courts before requiring parties to test. Testing is occasionally used in cases in which paternity has already been established through voluntary acknowledgment or by default.

“FINDINGS CONT’D: Many Mothers and Putative Fathers Have Incentives Not to Test and Other Barriers, Such as Inconvenient Testing Locations, May Inhibit the Use of Genetic Testing. The greatest barrier to the effective use of genetic testing is a desire on the part of mothers and putative fathers not to establish paternity. Putative fathers may simply wish to avoid paying child support, and mothers may prefer informal support. Other barriers that inhibit use of testing include: client fear of needles, lack of transportation, inconvenient testing locations, fees charged for testing, difficulty scheduling appointments for submission of DNA samples, and intentional delays by parties attempting to prolong or avoid paternity establishment.

“FINDINGS CONT’D: Some Promising Strategies to Surmount Barriers Are Used in Limited Areas. Some child support staff immediately collect DNA samples from parties at their local office, thereby avoiding future delays and transportation problems. Many areas use buccal swab (cheek cells) sampling, instead of drawing blood, alleviating client fear of needles as a barrier to testing. To eliminate expense as a concern for putative fathers’ use of genetic testing, some States do not seek to recoup testing costs, or allow local staff discretion to waive recoupment. However, few areas in the country appear to use all of these strategies.

Arizona Legal Resources

Fortunately, we realize that a lot of family affairs can lead to the need for a DNA Paternity Test. DNA Paternity Testing Labs’ Paternity Testing Phoenix AZ location wants you to feel comfortable talking to our case managers about your particular situation. Therefore, we train all of our case managers to be knowledgable in the laws of family court in the State of Arizona. Below, we provide the following links so you can get the help you need.

First and foremost, Please review the Child Support Handbook for Arizona. As parents, the handbook help you to figure out what type of custody works best for you and what that means monetarily.

If you need legal counsel, please consult a Family Law Practitioner. Note, we do not indorse any of these lawyers specifically. However, we work with many of them to fulfill their paternity testing needs.

Single Mothers, please read the Single Mother’s Guide if you plan to raise the child alone. This organization has a lot of resources for financial assistance and child care. Keep in mind, they also have housing opportunities and medical assistance.

Fathers, you have rights too. Please visit Father’s Rights Arizona to find out how you can be there for your child or children. Also, follow the Father’s Group on Facebook if you are seeking custody.

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