Refusal of a Paternity Test: Legal Options and Penalties in Tennessee

Men who refuse a paternity test that was ordered by the court can face penalties like jail time or fines. A court order requiring the man to submit to the test may be granted if the mother has filed a civil suit to establish the paternity of the child. Under Tennessee paternity laws, paternity may be established automatically if the parents are married and living together at the time of conception, the parents acknowledge paternity voluntarily, or via court order to take a paternity test.

What the Court Will Do 

If a paternity claim has been filed by the mother, typically the first thing the court will do is review the petition. The petition must include sufficient information to prove that the man in question could potentially be the father. If there is, the court will then order the man to take the paternity test at an approved location. If the test is positive, the man will be considered the legal father of the child.

However, if the man refuses to take the test, he can be found in contempt of court. Violating a court order has serious legal consequences that can include criminal charges, jail time and fines. In addition, Tennessee paternity law allows the court to automatically consider the man the father by default. Still, seeking legal counsel from a lawyer before submitting to a test may be a good idea, but men should never violate a court order.

Contacting a Lawyer 

Both parents have a responsibility to care for their child and provide financial support. Those who need help obtaining a paternity test or who have been asked to take a paternity test should review their legal options under Tennessee paternity law. Miles Mason Family Law Group can provide legal guidance to those hoping to establish paternity, as well as in cases in which a man refuses a paternity test. Contact us today at (901) 683-1850.