Is there any recourse if the father refuses to take a paternity test?
In Texas, a court order may be issued for a father to take a paternity test. If the father refuses to take a paternity test, the court may pursue legal action against him. This could potentially include a jail sentence, a fine, or both. In order to compel the father to take the paternity test, the court may issue a “show cause” order, which is a court order requiring someone to explain why they are refusing to comply with a court order. This usually happens after the court has already ordered the father to take the paternity test, and the father has still refused to do so. The court could also order the father to pay the costs associated with the paternity test, including court costs, attorney fees, and any other applicable fees. If the father still refuses to take the paternity test, he could potentially be held in contempt of court, which could result in him being fined or even jailed. If a father continues to refuse to take the paternity test, then the mother has the option of filing an Acknowledgement of Paternity Affidavit with the Texas Vital Statistics Department. This affidavit is essentially a form stating that the father is the legal parent of the child. Since this affidavit is considered to be a legal document, the father would be legally required to pay child support or be subject to other legal repercussions.
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