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Why is DNA testing done in only some custody cases?

Whether you are going through a divorce, petitioning to modify a custody order, pursuing child support or establishing parentage, DNA testing is an effective way of removing all argument or doubt. Once paternity is established, the information can be used for visitation, adoption, inheritance, custody, health care and other relevant matters. 

In New York, paternity ambiguity requires clearly definitive evidence of paternity once the action for to establish paternity is ordered. This is one of the highest standards in the United States, with most states requiring less definitive results in their standard for finding paternity.

Usually, DNA testing isn't done unless one party contests the allegations of paternity. A common example would be a putative (supposed) father demanding proof of his parentage before he will consent to pay child support.

If a man is attempting to modify a current custody order and the mother denies he is the biological father, the man can voluntarily establish parentage through DNA testing, or determine that he is not the father and be relieved of parental obligations and rights.

If you have questions about DNA testing and establishing parentage, you may benefit from reaching out to a family law attorney in New York who knows the law and can offer guidance on whether DNA testing will benefit your case. Whatever your motivation for determining paternity, an experienced attorney may be able to assist you in solidifying your case.

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