Seeking a legal paternity test all by yourself without help of a lawyer is tough. However one has to go through the process for the sake of one’s child. At the time when I found out I was pregnant, I was no longer with the father. Several years later, when my daughter had some questions, I realized that I had to prove paternity before the court, not only on behalf of my daughter, but also to provide child support and medical background. The idea of employing an attorney sounded daunting and costly. Am I able to go through the court of law on my own?
The lessons that I learned about perseverance, the need to use accredited testing facilities, and the power of the right support taught me a lot as I went through the process of getting a court-ordered paternity test without any legal representation.
How can a person demand a paternity test ordered by the court without the services of an attorney?
I was advised that I have to start at the family court in my county with a request for a court to order a paternity test, without a lawyer present. I went to the courthouse, where I requested the clerk to give me forms to prove paternity. In most areas, there are self-help centers or family law facilitators at most courts, who may offer some basic advice to people acting on their own. I filed a petition to determine paternity, which involved me, my daughter, and the supposed father. A court clerk checked my paperwork and filed it. Although the process appeared daunting at first, I was able to break it into manageable parts and complete them on my own.
What paperwork is needed to apply to conduct a paternity test on your own?
There were a number of papers I had to submit for my petition. The birth certificate with the name of my daughter and date of birth was necessary. I brought my identification description to confirm my identity. The court demanded the full name and present address of the alleged father to enable him to be duly served with the notice. I filled in a declaration detailing the reason why I was seeking the legal paternity test and the relief my child and I wanted, like child support and custody. Other courts would also take income information and a filing fee, but low-income petitioners could request a waiver of the fee. The collection of these documents prior to going to the court spared me the numerous trips.
What Common mistakes did i learned to avoid when requesting a paternity test without an attorney?
Based on my experience, these were the most common mistakes i learned to avoid:
- Giving partial or false information concerning the so-called father.
- Lack of serving legal documents in compliance with the rules of the court.
- Failure to meet court deadlines or due dates of hearings.
- Failure to carry with them all the necessary documentation needed during hearings.
- The selection of non-accredited DNA testing laboratories.
- Leaving out asking for particular relief, such as child support or custody.
- Talking with emotions and not facts in court.
- Failure to retain copies of all the documents that have been filed in personal records.
What are the difficulties with going through the court without an attorney?
The greatest difficulty I had was learning the terms of the law and the way courts operate. Here, I was confused by such words as petitioner, respondent and chain of custody. The court personnel are not allowed to give any legal advice, just information about the procedure, which at times left me at a loss as to my next move. The issue of serving legal papers on the alleged father was also a challenge since he was evasive of taking them. I also had the problem preparing myself for questions the judge would pose.
The process was more difficult due to the emotional stress of encountering the father in court without an advocate. But the news that a certified DNA testing services provider named FaceDNATest.com helped me through the legal paternity testing requirements and the entire process itself offered some hope during the long and winding legal journey.
Lessons I Learned
My experience had a number of key lessons that taught me how to go about the process of seeking a court-ordered paternity test[1], without the assistance of a lawyer:
- Accreditation Matters: This was not a choice of using an an accredited DNA testing laboratory, because it was a requirement to have legal validity. A court will not accept the evidence of the wrongly certified facilities that have not adhered to the chain of custody.
- Professional Advice Proven Beneficial: I handled the legal work myself, but since an accredited facility had a team of experts, it made that part of my case easier. The results could have been invalidated by the mistakes which could have been prevented by their clear explanations.
- Preparation Is the Key: I should have done some research on how the court works before making a filing. However, by learning the fundamentals of legal language and procedures, I would not have been so stressed.
- Documentation: Everything: Having copies of every form, receipt, and correspondence proved to be invaluable in answering any questions concerning what I had submitted or at what time.
- When to Get Help: I was able to manage my case, but it is important to note that it was a complex case with custody, out-of-state parties, or uncooperative alleged fathers, which could have resulted in a better result with a legal advocate.
Conclusion
Paternity was proven to be true through the legal paternity test and this enabled me to set up child support and provided my daughter the chance to gain access to the medical history of her father, as well as family relationships.
To those who might be interested in following this route, I would suggest the following: visit the self-help center of your local courthouse. Question and get all the necessary forms. Accredited DNA testing centers were used at an early stage of the process for a paternity test[2], and in the professional court-ordered paternity test services offered in the face of an otherwise stressful situation.
Source:
[1] https://facednatest.com/services/court-admissible-dna-testing/ – Explains the process & requirements for a court-admissible paternity test, including accreditation and chain-of-custody rules.
[2] https://facednatest.com/services/dna-paternity-testing/ – Describes the DNA paternity testing process, sample collection and result accuracy of a standard DNA paternity test.
Author Bio:
Sierra Aches is an independent woman and a mother of a daughter. Who shares her personal experiences navigating personal & family challenges, including maternity & paternity. She also supports initiatives that empower women.
