In our previous guide on whether signing birth certificates legitimizes children in Wisconsin, we explained the difference between birth certificates and paternity acknowledgements and when signing establishes legal fatherhood. Now, let’s explore how to get a court ordered paternity test, when genetic testing is necessary, and the legal procedures for establishing paternity when parents don’t agree or want scientific proof before acknowledging fatherhood.
Understanding how do i get a paternity test court ordered is crucial when voluntary paternity acknowledgement isn’t appropriate or when disputes exist about who the biological father is. Whether you’re a mother seeking to establish paternity for child support purposes, a man who wants proof before accepting parental responsibilities, or someone challenging established paternity, knowing the legal paternity test process protects your interests.
At Renier Hotopp Law Offices, our experienced family law attorneys help parents throughout Milwaukee, Kenosha, Green Bay, Racine, and across Wisconsin navigate paternity testing and establishment procedures. We guide you through court processes and protect your rights whether you’re seeking to establish, prove, or challenge paternity.
When Is Court Ordered Paternity Testing Necessary?
When do you need court ordered paternity test rather than voluntary acknowledgement? Several situations require court involvement for genetic testing:
Mother and Alleged Father Disagree
What if you can’t reach agreement? When the mother claims a man is the father and he denies it, or when a man claims to be the father and the mother disputes it, courts can order testing to resolve the dispute.
Mother Refuses to Sign a Paternity Acknowledgement
Can a mother stop a father from establishing paternity? No. If the mother will not sign a voluntary paternity acknowledgement, the father can file a paternity action and ask the court to order genetic testing. If testing confirms he is the father, the court can establish legal paternity over the mother’s objection. Courts focus on the child’s best interests, and having a legal father is generally considered beneficial for children.
Man Wants Proof Before Accepting Responsibilities
Is requesting testing reasonable? Absolutely. If a man is unsure whether he’s the biological father, requesting genetic testing before signing paternity acknowledgement documents protects everyone’s interests. It’s better to establish paternity accurately from the beginning than to face complicated challenges later.
Multiple Potential Fathers Exist
What if several men might be the father? Courts can order testing of all potential fathers to identify the biological father and establish legal paternity with the correct person.
Child Support Enforcement Requires Paternity
When does the state get involved? Wisconsin Child Support Agency may initiate paternity proceedings when mothers receive public assistance. The state needs paternity established to seek child support from fathers to reimburse public benefits.
Challenging Established Paternity
Can you test after signing documents? If you signed paternity acknowledgement but later have doubts, you may need court ordered paternity test as part of challenging established paternity. As discussed in our companion article, this is time-sensitive and difficult.
Estate or Inheritance Issues
Why might testing be needed after death? Sometimes paternity testing is requested years later for inheritance rights, Social Security benefits, or other purposes requiring proof of biological relationship.
Alleged Father Lives in Another State
Does distance prevent testing? Not necessarily. Under the Uniform Interstate Family Support Act, which Wisconsin has adopted, a Wisconsin court can order genetic testing and establish paternity even when the alleged father lives in another state. Wisconsin courts also generally recognize paternity judgments entered in other states.
How to Get a Court Ordered Paternity Test: Step-by-Step Process
What are the detailed procedures for how do you get a court ordered paternity test? Understanding each step helps you navigate the process successfully.
Step 1: File a Paternity Action
Where do you start? Either parent (or the state child support agency) can file a petition to establish paternity in the circuit court of the county where either parent lives or where the child resides.
What Must the Petition Include?
- Names and information about mother, father, and child
- Request to establish paternity
- Request for genetic testing if paternity is disputed
- May include requests for custody, placement, and support
Filing Fees: Court filing fees are typically $150-$200. Fee waivers may be available if you qualify based on income.
Step 2: Serve the Other Party
How is proper service accomplished? After filing, you must legally serve the other parent with notice of the paternity action. Service methods include:
- Sheriff’s department service
- Private process server
- Certified mail in some circumstances
Why is service critical? The other parent must receive proper notice and opportunity to respond. Without proof of service, the court cannot proceed.
Step 3: Other Party’s Response
What happens next? After being served, the other parent has 20 days (if served in Wisconsin) or 40 days (if served outside Wisconsin) to respond. Their response may:
- Admit or deny paternity
- Request genetic testing
- Raise defenses or counterclaims
Step 4: Court Orders Genetic Testing
How do you get court order paternity test? Once either party requests testing in a paternity action, Wisconsin courts routinely order genetic testing of the mother, child, and alleged father.
Who Pays for Testing? Courts determine who pays initially, often requiring the person requesting testing to pay upfront with costs possibly shifted based on results. Testing typically costs $300-$500.
What Type of Testing? DNA testing through approved laboratories that meet legal standards for admissibility in court. Results are typically available within 2-3 weeks.
Step 5: Testing Collection and Analysis
Where does testing occur? Courts order testing at approved collection facilities where:
- DNA samples are collected (typically cheek swabs)
- Chain of custody procedures ensure sample integrity
- Samples are sent to accredited laboratories for analysis
Why is proper procedure important? For results to be admissible in court as legal paternity test evidence, strict procedures must be followed. Home testing kits generally aren’t admissible in paternity proceedings.
Step 6: Results and Court Hearing
What happens after testing? Laboratory results are provided to the court and parties. Results show either:
- Inclusion: 99%+ probability the tested man is the biological father
- Exclusion: 0% probability the tested man is the biological father
If Results Show Paternity: The court typically enters an order establishing legal paternity, giving the man all rights and responsibilities of fatherhood.
If Results Exclude Paternity: The court dismisses the paternity action against that man. If multiple potential fathers were tested, courts continue testing others until the biological father is identified or testing possibilities are exhausted.
Step 7: Final Paternity Order
What does the order establish? Once paternity is established (either by genetic testing or admission), the court issues an order that:
- Legally establishes the father-child relationship
- Is sent to Wisconsin Vital Records to add father’s name to birth certificate
- Provides basis for addressing custody, placement, and support
How Long Does the Court Ordered Paternity Test Process Take?
How long will each stage take? Timing depends on the county, the court’s caseload, whether both parties cooperate, and whether custody or support is also disputed. Typical stages look like this:
- Filing the petition: Usually a day or two once the paperwork is prepared
- Service of process: Often one to two weeks when the other party’s location is known, and longer if they avoid service or alternative service is needed
- Initial hearing: Commonly two to six weeks after service is completed
- Testing appointment: Parties are usually expected to appear for the swab within two to four weeks of the testing order
- Laboratory results: Typically two to three weeks after samples are collected
- Final hearing: Often scheduled two to four weeks after results are received
What Can Delay the Paternity Test Timeline?
Which problems slow a case down? The most common causes of delay are:
- Missed testing appointments: The laboratory must reschedule, the court is notified, and contempt proceedings may follow
- Challenges to testing procedures: Disputes over the laboratory or chain of custody can require additional hearings
- Multiple alleged fathers: Each man must be tested separately
- Related custody and support disputes: Contested custody proceedings can require several hearings
- Court backlogs: High-volume counties such as Milwaukee and Waukesha may schedule hearings further out than smaller counties
Accuracy and Reliability of Court Ordered Paternity Tests
How accurate are legal paternity test results? Modern DNA testing is extremely reliable and courts accept results as conclusive evidence of biological relationships.
Scientific Accuracy
What’s the error rate? Properly conducted DNA paternity testing is over 99.9% accurate in determining biological paternity. The science is well-established and courts nationwide accept these results as definitive proof.
Legal Standards
What makes testing results admissible? Court ordered paternity test results are admissible when:
- Testing was performed by accredited laboratories
- Proper chain of custody was maintained
- Collection procedures followed legal standards
- Testing methodology meets scientific standards
Why do these standards matter? Proper procedures ensure results are reliable and prevent fraud or sample contamination that could lead to incorrect results.
Does a Private DNA Test Establish Legal Paternity?
Is a positive home or private DNA test enough? No. A DNA result is evidence, but it does not create legal paternity. A man confirmed as the biological father by a private test cannot seek custody or placement, and cannot be ordered to pay support, until paternity is established through a court proceeding or a signed paternity acknowledgement.
What If Someone Refuses Testing?
Can you be forced to provide DNA? Wisconsin courts can order all parties to submit to genetic testing. Refusing to comply with court-ordered testing can result in:
- Contempt of court charges
- Presumption that the person refusing testing is the biological father (if alleged father refuses)
- Dismissal of paternity action (if mother refuses to allow child’s testing)
Can Court Ordered Test Results Be Challenged?
Is it possible to contest DNA results? Yes, but successful challenges are rare. Grounds include laboratory error, a broken chain of custody, or contaminated or mislabeled samples. Challenges usually require expert testimony, and a court may order a second test from a different accredited laboratory if there is a credible reason to question the results.
What Are Your Rights During Paternity Proceedings?
Rights of an Alleged Father
What can an alleged father do? You have the right to an attorney, to a hearing before a final judgment of paternity is entered, and to contest test results when there is a legitimate basis. If you have any doubt that you are the biological father, ask for testing before judgment, because a judgment of paternity is very difficult to challenge later.
Rights of a Mother
What can a mother ask for? You have the right to have the biological father identified and held financially responsible for your child. You can seek temporary custody orders while the paternity case is pending, and you can contest a paternity claim if you believe the wrong man has been named.
What If There Are Safety Concerns?
How are safety issues handled? Tell your attorney right away about any history of domestic violence, substance abuse, or other risks to the child. Courts can address these concerns during the case, including through supervised placement or restraining orders where warranted. If a child is at immediate risk, emergency custody orders may be available while the case moves forward.
Establishing Paternity After Court Ordered Testing
What happens after legal paternity test confirms biological paternity? The process doesn’t end with test results. You must still formally establish legal paternity through the court.
Court Order Establishing Paternity
How is legal paternity created? Based on genetic testing results showing biological paternity, courts issue orders legally establishing the father-child relationship. This order has the same legal effect as voluntary paternity acknowledgement or presumption of paternity from marriage.
Adding Name to Birth Certificate
Does the father’s name automatically go on the birth certificate? After the court establishes paternity, the order is sent to Wisconsin Vital Records. The state then adds the father’s name to the birth certificate. You can order new certified copies showing both parents.
Establishing Custody and Support
What about parenting time and child support? Once paternity is established, either parent can seek court orders for:
- Legal custody (decision-making authority)
- Physical placement (where child lives and parenting time)
- Child support obligations
Courts make these determinations based on the child’s best interests and Wisconsin support guidelines, not based on genetic testing results.
Wisconsin courts begin with a preference for joint legal custody, and fathers and mothers are evaluated under the same standard whether or not the parents ever lived together. Parents who agree can submit a parenting plan. If they cannot agree, the court may appoint a Guardian ad Litem to represent the child. Either parent can later ask the court to modify custody or support orders if circumstances substantially change.
Can Child Support Cover the Time Before Paternity Was Established?
Is back support possible? Child support cannot be ordered until legal paternity is established. Once it is, courts have discretion to order support for earlier periods, in some cases back to the child’s birth, considering factors such as when the father knew about the child, whether he avoided proceedings, whether the mother concealed the pregnancy, and each parent’s finances. Ongoing support follows Wisconsin child support guidelines, which consider each parent’s income and the placement schedule.
What Rights Does the Child Gain?
Once paternity is established, a child may gain:
- Inheritance rights from the father’s estate, even if he has no will
- Social Security benefits based on the father’s work record, including survivor benefits
- Veterans’ or military benefits if the father served
- Health insurance coverage the father can be ordered to provide
- Access to the father’s medical history
Establishing paternity does not automatically change the child’s last name; a name change requires a separate request to the court.
Can Paternity Be Challenged After It Is Established?
Rescinding an Acknowledgement Within 60 Days
What if you signed and now have doubts? A voluntary paternity acknowledgement can be rescinded within 60 days of signing, with no explanation required.
Challenging Paternity After 60 Days
What must you prove later? After the 60-day window, a challenge requires court action and proof of:
- Fraud: You were deliberately deceived about biological paternity
- Duress: You were forced or coerced into signing
- Material mistake of fact: Serious factual errors existed when you signed
Evidence usually includes court ordered paternity test results and an explanation of why the issue was not discovered sooner.
Why Courts Are Reluctant to Disestablish Paternity
Will a negative test automatically end your obligations? No. Courts weigh the child’s best interests and are especially reluctant to undo paternity when significant time has passed or a meaningful parent-child bond exists. A man who did not challenge an acknowledgement in time may remain obligated to pay support even if testing later shows he is not the biological father. If disestablishment is granted, support typically ends going forward, but courts do not always order repayment of past support.
Costs of Court Ordered Paternity Testing
How much does court ordered paternity test cost? Understanding financial obligations helps you plan for the process:
Court Filing Fees: $150-$200 to file the paternity action (fee waivers available for qualifying low-income individuals)
Genetic Testing Costs: $300-$500 for DNA testing at approved laboratories
Who Pays for Testing? Courts decide who pays initially, often ordering:
- The person requesting testing to pay upfront
- Costs shifted to the other party if results show paternity
- Costs split if paternity is excluded
Attorney Fees: If you hire family law attorneys, fees typically range from $200-$400 per hour. Total costs depend on case complexity and whether paternity is contested beyond testing results.
Additional Court Costs:
- Service of process fees ($50-$100)
- Witness fees if applicable
- Other court-related expenses
Working with Attorneys for Paternity Testing
When should you hire family law attorneys for paternity matters? Consider professional help if:
You Need to File for Testing: You want court ordered paternity test and need help filing the paternity action and navigating court procedures.
The Other Parent Is Uncooperative: The other parent won’t agree to voluntary testing or is contesting paternity proceedings.
You’re Defending Against Paternity Claims: Someone claims you’re the father and you want to prove you’re not through genetic testing.
Complex Circumstances Exist: Multiple potential fathers, deceased parties, or other complications make the case more complex than standard paternity establishment.
You Need to Establish Custody Rights: After establishing paternity, you need help securing custody and placement rights.
Child Support Issues Are Involved: You need help establishing, modifying, or enforcing child support obligations.
What can attorneys do? Experienced attorneys provide:
- Preparation and filing of all legal documents
- Guidance through court procedures
- Representation at hearings
- Help obtaining court order paternity test
- Advocacy for fair custody and support arrangements
- Protection of your parental rights throughout the process
At Renier Hotopp Law Offices, our attorneys including Lindsay Renier, Anne McIntyre, and Marianne Vos have extensive experience with paternity matters throughout Wisconsin.
FAQs About Court Ordered Paternity Testing
How do I get a paternity test court ordered in Wisconsin?
File a paternity action in circuit court requesting establishment of paternity and genetic testing. Once filed and the other party is served, courts routinely order DNA testing when paternity is disputed. Either parent can file, or the Wisconsin Child Support Agency may file if public assistance is involved.
How accurate are court ordered paternity tests?
Court ordered paternity test results using DNA analysis are over 99.9% accurate when properly conducted. Courts accept these results as definitive proof of biological paternity or exclusion.
Who pays for court ordered paternity testing?
Courts decide who pays, often ordering the person requesting testing to pay initially ($300-$500) with costs possibly shifted based on results. If testing shows paternity, the father typically pays. If testing excludes paternity, costs may remain with the person who requested testing.
How long does it take to get court ordered paternity test results?
After samples are collected, laboratory analysis typically takes 2-3 weeks. The overall court process from filing the paternity action to final order establishing paternity usually takes 3-6 months depending on court schedules and whether issues beyond testing exist.
Can I refuse a court ordered paternity test?
Courts can order you to submit to testing, and refusing can result in contempt charges. If an alleged father refuses testing, courts may presume he is the biological father. If a mother refuses to allow testing of the child, the paternity action may be dismissed.
What happens if the paternity test shows I’m not the father?
If legal paternity test results exclude you as the biological father, the court dismisses the paternity action against you. You have no legal responsibilities for the child, though you also have no parental rights.
Can paternity be established without a DNA test?
Yes. Paternity is established when both parents sign a voluntary paternity acknowledgement, and a husband is presumed to be the legal father of a child born during the marriage. If an alleged father does not respond to a paternity petition, the court may enter a default judgment of paternity. When paternity is genuinely disputed, court ordered DNA testing is the most reliable route.
Can I establish paternity if the mother is married to someone else?
Wisconsin law presumes a woman’s husband is the father of a child born during the marriage. Establishing another man’s paternity requires a court proceeding to overcome that presumption, which is complex and usually calls for an attorney.
Understanding how to get a court ordered paternity test is essential when voluntary paternity acknowledgement isn’t appropriate or when disputes exist about biological paternity. Whether you’re wondering how do I get a paternity test court ordered, how can I get a court order paternity test, or how do you get a court ordered paternity test, the process involves filing a paternity action in circuit court and requesting genetic testing.
Legal paternity test results provide scientific certainty about biological relationships, allowing courts to establish legal paternity accurately. Modern DNA testing is over 99.9% accurate and courts accept results as definitive evidence. Once paternity is established through court ordered paternity test results, fathers gain full parental rights and responsibilities just as if they had signed voluntary acknowledgements or were married to the mother.
Understanding the distinction between legal father vs biological father discussed in our companion article helps you appreciate why proper paternity establishment matters. Legal paternity, proven through genetic testing and court orders, protects children’s interests while ensuring the correct person is recognized as the father.
Whether you need to establish paternity, challenge paternity claims, or prove you’re not the biological father, understanding court procedures for how to establish paternity through genetic testing protects your rights and ensures children receive accurate legal recognition from their biological fathers.
At Renier Hotopp Law Offices, our experienced attorneys help parents throughout Wisconsin navigate paternity testing and establishment procedures. We provide strategic guidance from filing through final orders, protecting your interests every step of the way.
Get Help with Paternity Testing Today
Need assistance with court ordered paternity test proceedings in Wisconsin? The family law attorneys at Renier Hotopp Law Offices provide experienced representation for all paternity matters. Call 262-403-8815 or 920-663-4199 to schedule your case evaluation.
Contact us today for your Free Case Evaluation.
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