There is only one kind of paternity test that is accepted in court and it is not a choice, it is a necessity to any paternity attorney developing a family law case the legal DNA test. DNA testing is not created equal; a home DNA test and a court-admissible DNA test are two different and distinct tests, and can be the deciding factor between a case moving forward and a case stalling 100%. This blog tells you just what a DNA test is legally valid, why lawyers rely on it and when it’s essential.
What is a legal DNA test and how does it differ from a home paternity test?
A Legal DNA Test is a laboratory administered DNA test that is usually conducted with strict DNA protocols, and ensures that each individual tested can be identified and a documented chain of custody is established from the time of sample collection until a final result is delivered. The science of a home paternity test is the same, but without the identity verification, witnessed collection or legal documentation, the test results will not be admissible in any court proceeding, even if the test is positive.
Court-Admissible DNA Testing
- Each participant personally signs and presents government-issued photo ID at the time of sample collection (may not be done in a court-approved DNA test).
- The collection of samples is observed and recorded by a third party who is independent of any of the party involved in the case under test.
- Chain of custody forms are filled out during collection, packaging, shipping and when they are received at the lab for evidence admissibility in court.
- The results go through an accredited DNA lab and are provided in a format that can be turned over to the court without further testing by a paternity attorney.
Why Paternity Attorneys Use Legal DNA Testing in Family Law Cases?
A legal DNA test provides strong, court-admissible evidence that is generally difficult to challenge when proper procedures are followed. In cases of disputed paternity, written genetic evidence will help eliminate the confusion, speed up the process and ensure that the law is upheld on behalf of all parties including the child. An attorney is presenting evidence from an accredited DNA lab which has been scientifically proven and protected from the time of collection.
Establishing Reliable Biological Evidence
A court-admissible DNA test provides a paternity attorney with an accepted scientifically valid court document that can prove the biological relation between the child and the man, and the opposing party will not be able to dismiss it based on procedural issues. The confidence and enforceability of any paternity-related legal claim or settlement negotiation are most dependent on the results from an accredited DNA laboratory.
What are the Chain-of-Custody Procedures required for a Legal DNA Test?
Chain of custody is the difference between a scientifically accurate, legally valid DNA result and a scientifically accurate, legally invalid DNA result. It is the documented system of monitoring each sample from collection to results which provides protection from the possibility of tamper, sample misidentification, and contamination.
Ensuring the Integrity and Admissibility of the Samples
Chain of custody involves witnesses when samples are collected, participant identification, sealing and labeling samples at each transfer point, and the signing of documentation. A complete unbroken evidence trail is recorded at each step. Even a completely correct DNA analysis by an accredited DNA laboratory is not admissible evidence in a legal proceeding, if it is not documented.
When is a Court-Approved DNA Test necessary?
A court-proof DNA test is not only utilized in simple paternity cases. In a variety of circumstances, such as in a legal proceeding, there are numerous instances in which having a verified biological evidence is not only a requirement of the court, but is also strongly advised by a paternity attorney who represents the best interests of his client.
Child Custody and Paternity, Inheritance, Child Support, and Child Custody cases.
- DNA testing before paternity is established in court — If the identity of the biological father is not clear or is disputed, the court will require a DNA test that can be used in court in order to establish paternity.
- Child support proceedings — Courts need to be presented with solid biological evidence in order to impose child support obligations. A DNA test conducted by an accredited DNA laboratory provides the court with the proper paperwork to fairly and accurately determine the financial responsibility of the “true” parent.
- Custody and visitation rights — Biological parentage has a direct impact on custody and visitation decisions. If a parent’s identity is disputed, the DNA test is court-admissible and provides genetic evidence that can be taken into account by the judge, along with other evidence, when deciding who should be the child’s parent and who should be the guardian.
- Inheritance and estate disputes — If a biological relationship with a deceased person is disputed in probate court, a legal DNA test can decide whether it is or isn’t, ensuring the integrity of the estate distribution and that the rightful heirs are accurately identified, thanks to documented genetic evidence.
Choice DNA collaborates with CLIA accredited laboratories to offer the highest quality DNA testing service for paternity testing for families and individuals in complicated legal situations. From paternity establishment, child support, custody battles to estate proceedings, Choice DNA provides court admissible DNA tests complete with chain of custody from DNA lab to court, verified participant identification, and results reported by an accredited DNA lab used by courts and accepted. Forensic DNA testing services, too, are part of.
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Conclusion
If DNA evidence plays a key role in legal decisions, the quality of the product is as important as the result. The paternity attorney who provides results from the very best legal DNA testing service is providing scientifically valid, procedurally safeguarded, and legally defensible evidence. Choice DNA meets that standard offering court-approved DNA testing, forensic DNA testing and comprehensive chain-of-custody documentation via CLIA-approved lab relationships. Seek professional assistance from a service that knows how to properly proceed within the legal system in a courtroom process matters.
