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Yes. A mother (wife) can oppose having her child being tested for Paternity if she is the only Legal Custodian of the child. If the alleged father is a co-Legal Custodian he does not necessarily need to ask for the mother’s permission to perform a DNA Test. Although it can go a long way if the mother is involved in the DNA Testing process when submitting your result to a Judge.
Submission of the results as described above is deemed court admissible. There are only two other ways an alleged father can get a Paternity Test performed without the mother’s consent. Number one is by court order from a Judge.
Number two is an alleged father could perform a DNA test without the mother’s knowledge but he will only be able to perform a Peace of Mind Paternity Test. A Peace of Mind Paternity Test or Non-legal Paternity Test is a test that can only be used for informational purposes only. It can not be used in court or for any legal purpose.
If the alleged father wants to submit a result to a Judge after taking a Peace of Mind Paternity Test he will need to perform another DNA Test either through the court or he can make a request with the Judge to allow you to use a private DNA lab and disregard using the court’s in-house lab.
It is important to note, that any man who currently is going through this issue described above. I suggest you seek legal counsel for your state’s laws regarding Legal Custody.