In Michigan family cases, a court-ordered paternity test is often used to determine the biological father of a child when he is unknown. This typically occurs when child support and visitation rights are at issue.
But what happens if you do not want to take the test? The consequences of refusal can directly impact child support, custody, and visitation rights.
What Is a Court-Ordered Paternity Test?
A court-ordered paternity test is a legally binding directive issued by a judge, usually in cases where paternity is disputed. The test compares the child’s DNA with that of the alleged father. These tests are most common in family law disputes involving child support, custody, or parenting time.
Under Michigan’s Paternity Act, either parent, or even the Department of Health and Human Services, may request a paternity determination. When paternity is contested, the court can order testing to establish biological parentage.
Can You Ever Refuse a Paternity Test?
While most refusals have serious consequences, there are limited situations where objections may be raised, such as Fraud or Misidentification and Health Concerns. In rare instances, serious medical conditions may justify postponing or modifying testing.
These defenses are narrow, and you should consult an attorney immediately if you believe they apply.
Why Taking the Test Is Usually the Best Option
Complying with a paternity order is almost always in your best interest. Refusing the test risks being declared the legal father without DNA evidence, losing custody or visitation opportunities, and facing contempt penalties.
What Happens If You Refuse a Court-Ordered Paternity Test?
Refusing to comply with a court order in Oakland County is never without consequences. Here are the most common outcomes:
Contempt of Court
A refusal is considered disobedience of a judge’s order. This can lead to fines or even jail time until compliance occurs. Michigan courts take noncompliance seriously.
Default Paternity Judgment
If you refuse testing, the court may enter a default judgment of paternity, meaning you could be declared the child’s legal father even without DNA proof. Once this happens, you may be obligated to pay child support and other expenses under Michigan law.
Child Support Obligations
Once paternity is established, the court can issue support orders. This may include ongoing child support, health care coverage, and even repayment of pregnancy or birth-related costs.
Impact on Custody and Visitation
Refusal may also influence custody decisions. Courts in Michigan always apply the “best interests of the child” standard. Refusing a paternity test can be seen as a lack of interest in the child, which may reduce or eliminate your rights to custody or parenting time.
Oakland County-Specific Considerations
In Oakland County Circuit Court, located in Pontiac, judges rely on the Friend of the Court (FOC) for investigations and enforcement. If paternity is established, the Oakland County FOC helps enforce support orders, garnishes wages if needed, and ensures parenting time orders are followed. Refusing a test here won’t delay the case; it only risks the court making a decision against you.
Contact Us Today!
If you’re facing a paternity case in Oakland County, refusing a court-ordered DNA test can have lasting consequences, from being declared the legal father by default to being ordered to pay support.
The smartest step is to speak with an experienced Oakland County family law attorney before making any decisions. A lawyer can explain your rights, help you respond to court orders, and protect your interests throughout the process.
At The Kronzek Firm, we help Oakland County residents with paternity actions. Having an experienced attorney who can explain your rights and help you navigate the process is crucial. Contact us today for a consultation
📞 Our highly respected attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200 or by email at contactus@kronzek.law.