Is there any way to challenge a court-ordered paternity test?
Yes, it is possible to challenge a court-ordered paternity test in West Virginia. Generally, these tests are ordered if there is a dispute over who the biological father of a child is or to identify the father for child support or custody purposes. A challenge to a court-ordered paternity test can be made by filing a Motion to Contest the Test Results, which must be served on the other parties. This motion must state the grounds for questioning the test results, such as by providing evidence that the test result was inaccurate or that the test was not properly administered. If the motion is successful, the court can set aside the original test result and order a new test to be completed. The court may also order the other parties to pay for the costs of the new test. However, in order for the motion to be successful, the petitioner must prove that the test result was incorrect or that it was not properly conducted. In some cases, the court may consider other evidence, such as medical records, affidavits from witnesses, or other documents, in order to determine paternity or to set aside the original test results. If the court is unable to make a ruling based on the evidence provided, it may order a new test to be conducted. The court also has the authority to decide whether or not to order a new test.
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