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A judge held me in contempt of court for refusing to take a…

A judge held me...

A judge held me in contempt of court for refusing to take a paternity test. He locked me up after I invoked my 14th amendment rights. He didn't let me go until I took the test. This has to be against the constitution. I went to war defending the constitution and to see that it holds no weight really bothers me. Is this illegal and can I get the DNA thrown out under duress?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Yes. Before the hearing, I filed papers stating my 14th amendment rights and how I will not be taking an DNA test. I also have that on record in court as well. He totally ignored it and locked me up for disobeying a court order. This was outside the courtroom when I was arrested.

Lawyer's Assistant: Family law varies by state. What state are you in?

Ga

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ma'am. Just want to know is that illegal and can I get the test thrown out as evidence under duress

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Answered in 3 minutes by:
3/18/2018
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,854
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, the Courts have not held that you have a 14th amendment right to not take a paternity test. A paternity test is indeed due process and equal protection and to say otherwise you would be saying that the child or the other parent has no right to support provided under the laws. I am afraid that there is no constitutional right to refuse to prove you are or are not the father of a child. In fact, the DNA test would prevent you from having support charged to you when you are not legally liable.

As such, legally if you refuse a lawful court order, the court may hold you until you comply. I am afraid that the DNA test would stand. Sorry.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,854
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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