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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: 123,239
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: 123,239
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
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