Q: Obtaining paternity test from uncooperative ex-girlfriend in Texas
How can I obtain a paternity test when my ex-girlfriend, who is pregnant, refuses to cooperate? I've tried discussing it, but both she and her current boyfriend are combative. There are no court orders in place yet, and I haven't consulted a family law attorney.
A:
In Texas, you can file a Petition to Adjudicate Parentage before the child is born, but the court will not order a paternity test until after birth. Texas law does not allow courts to compel prenatal genetic testing.
Filing the petition early can help establish your legal interest in the case and ensure that paternity is determined as soon as possible after the baby is born. If the mother refuses to cooperate at that point, the court can order DNA testing.
Since establishing paternity is necessary for securing parental rights, including custody and visitation, I recommend consulting a family law attorney as soon as possible to ensure your rights are protected.
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