Butler Giraudo & Meister
Peoria 309-407-3332
Morton 309-263-1204

Ensuring a Successful DNA Test

If you're locked in a child custody battle, one of the requirements the judge may ask for is a DNA test to determine the child's biological parentage. In case such a demand is made, you will need to supply a DNA sample for testing. You will be provided with a paternity test kit which contains three sets of swabs for collecting DNA. One set will be used by the child, another by your ex-spouse and the third one by you. Remember that home administered DNA testing is not admissible in court.


This rule was put in place to budget for the fact that the court has no way of knowing whether the DNA samples which were tested were actually provided by you, your ex-spouse or your child. In order to make the results of the test credible evidence in court, the collection and submission of DNA samples must be witnessed by a third party whose authority has been approved by the court, and who can later testify during the trial.

In some cases, the DNA lab itself arranges for the assistance of an employee to come to your house and witness the test taking place for an extra fee. Once you've made up your mind to carry out the test, you'll need to carefully follow the detailed instructions on how to swab inside your mouth and the correct way to handle the swabs once they have your DNA sticking to their surface. Sample contamination is a serious problem that can delay the results of a test for days or even months.

A good practice to follow is to be physically present in the room when your spouse and child are having their DNA collected to ensure no foul play is involved. Paternity fraud has been known to take place due to negligence on the part of one of the parents. If you are unable to be physically present for your spouse's testing, you can send someone over on your behalf as a witness. While choosing the lab which will carry out the testing, make sure it carries the highest levels of accreditation. In most cases, the court itself will assign the lab which is to carry out the testing, but if you are dissatisfied with the results, you can contest the lab's claims and demand retesting.


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