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There is so much information and issues which come to bear with paternity testing in prison that it is quite difficult to sum it up exhaustively in an article. However, quite a bit of important information that can help will be given in this article.
First Suggestions for those Seeking to do DNA Testing in Prison
Undoubtedly, the internet can provide you with ample information and guidelines on how to get your paternity DNA test (test de paternitate) when the alleged father is in prison. However, the internet can take you on convoluted, frustrating searches which in the end provide you with little essential information.
The first step would be to actually contact the detention facility or prison in which the alleged father is incarcerated. They will most likely have a whole protocol in place about how to take DNA samples from one of their inmates. In fact, often they will have a doctor or lawyer appointed to take the DNA samples in cases in which a DNA test is required.
If the alleged father, whether he is in prison or not, refuses to take a paternity DNA test, the mother can go to court. The judge can issue a court ordered paternity test and force the father to submit to the test. However, in cases of a convicted father, a mother needs to consider whether she will be able to get an child support. As a prisoner, the biological father of a child has not job or income.
Can a Father ask for Paternity Testing While he is in Prison if the Mother Objects?
A father has every right to have a paternity test carried out. The judge will again issue a court ordered paternity test and oversee the case. The court ordered test is done as a legal DNA test; this means it follows a very rigid procedure. Getting an order is not easy unless one can easily prove having a relationship with the mother of the child with substantial evidence; letters, phone calls, testimonies. The Child Support Services department can help with your case in the US or its equivalent in other countries.
The Benefits of Establishing Paternity
Essentially, there are 2 main ones. The child gets the benefits and privileges as any other child. It moreover, fosters a better father-child relationship. The child in turn gets stronger social and emotional support. If a father cannot pay child support while he is in prison, he may be forced to pay it when he is out. If he has assets, those assets may be taken as child support payments throughout his sentence.
If the father in question was paying child support before going to jail, being in jail may mean he has a claim if he wishes to reduce payments. Being in jail constitutes a drastic reduction in income.
In some states and countries, you may be taken as being the biological father of the child if your where married to the child’s mother at the time of birth or within a time frame after the birth of the child. If you need a Paternity Test in Prison under these circumstances, you will need to go to court.