What to Do if the Mother Refuses a DNA Paternity Test in South Carolina
If a mother refuses a DNA test in South Carolina, you can file a Motion to Compel Genetic Testing under S.C. Code Ann. § 63-17-30. The Family Court filing fee is usually $150, and a judge can order her to comply or face contempt charges.
Dealing with an Uncooperative Mother
Establishing paternity is the essential first step for any father who wants to claim custody, seek visitation, or simply know the truth about his biological child. However, mothers sometimes refuse to cooperate. They might block your calls, deny your requests for a private DNA test, or outright refuse to let you see the child. When a mother stonewalls you, you cannot force her to take a test on your own. You must use the power of the South Carolina Family Court system to compel her compliance. The law guarantees your right to determine paternity, but navigating the court rules to force a stubborn party to act requires precision. To ensure your rights as a father are aggressively protected, we strongly suggest using our US Lawyer Directory to find a local South Carolina family law attorney.
Step-by-Step Legal Guide to Compelling a DNA Test
Whether you are filing in the Greenville County Family Court, Greenville or the Horry County Family Court, Conway, the procedure to force a DNA test follows a strict legal pathway.
Filing a Motion to Compel
If the mother refuses to agree to a test voluntarily, your attorney will file a paternity lawsuit and submit a formal Motion to Compel Genetic Testing. Under S.C. Code Ann. § 63-17-30, the Family Court is required to order the child, the mother, and the alleged father to submit to genetic tests if a sworn statement is provided that alleges a reasonable possibility of sexual contact. Once the judge signs the order, it is no longer a request-it is a legal mandate. The court will assign a specific, AABB-accredited laboratory to perform the test to ensure an unbroken chain of custody.
Mother Skips the Court-Ordered Test Date
A common tactic for uncooperative mothers is to simply not show up to the laboratory on the date ordered by the judge. If she skips the test, she is in direct violation of a court order. Your attorney will then file a Rule to Show Cause for Contempt of Court. The judge will order her to appear in court and explain why she ignored the order. If she does not have a valid, emergency excuse, the judge can fine her, order her to pay your attorney fees, and even threaten her with jail time until she brings the child to the testing facility. Precedents like Curlee v. Howle, 277 S.C. 377 (SC Supreme Court 1982) highlight the court's broad authority to enforce its paternity and support mandates.
Mother Flees the State to Avoid Testing
In extreme cases, a mother might pack up and leave South Carolina entirely to avoid the DNA test and block you from gaining custody rights. If she flees, your lawyer can utilize the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted under S.C. Code Ann. § 63-15-300. As long as South Carolina is the child's 'home state' (where the child lived for the 6 months prior to the lawsuit), the South Carolina Family Court retains complete jurisdiction. The judge can issue an order compelling her to return the child to the state, and law enforcement can be involved if she attempts to hide the child.
Buccal Swabs vs. Blood Tests
Many mothers object to testing by claiming they do not want their child to be subjected to painful needles. This is an outdated fear. Modern legal DNA testing almost never involves drawing blood. The court-appointed laboratories exclusively use buccal swabs-a soft Q-tip that is gently rubbed against the inside of the cheek to collect skin cells. It is completely painless, takes less than a minute, and is 99.99% accurate. A judge will quickly dismiss any objections from the mother regarding the physical intrusiveness of the test.
Who is Legally Responsible for Paying the Testing Fees?
Initially, the party who requests the DNA test is usually required to advance the costs. This means you will likely have to pay the laboratory fee, which ranges from $300 to $500, out of pocket. However, under S.C. Code Ann. § 63-17-30, the court has the discretion to reallocate these costs once the results come back. If the test proves that you are indeed the father, the judge may order you to cover the final costs. If the test proves you are not the father, the judge can order the mother to fully reimburse you for the cost of the test.
How Long Does the Process Take?
Forcing an uncooperative mother to comply adds significant time to a paternity case. Filing the initial lawsuit and securing the court date for the Motion to Compel usually takes 30 to 45 days. If she cooperates with the order, the lab results take about 2 to 3 weeks. If she skips the appointment and your attorney has to file for contempt, it can add another 2 to 3 months to the timeline. Overall, expect a contested paternity dispute in South Carolina to take anywhere from 3 to 6 months to secure final results.
Frequently Asked Questions (FAQ)
Can the Department of Social Services (DSS) help me get a test?
Yes. If you apply for services through the South Carolina DSS Child Support Services Division, they can administratively order a DNA test. However, DSS works primarily to establish child support, not to help you win custody or visitation time.
What if the mother says another man already signed the birth certificate?
If another man is legally recognized as the father, you must file a lawsuit to intervene and challenge that existing paternity determination. The court will decide if it is in the best interest of the child to order a DNA test to upset the current family structure.
Can a judge force a mother to take the test?
The judge cannot physically hold the mother down to swab her cheek, but the judge can impose severe legal penalties, such as heavy fines and jail time for contempt of court, until she voluntarily complies with the order.
Do I get immediate custody if the test proves I am the father?
No. Proving paternity is only the first step. Once paternity is established, you must then file a separate petition for custody and visitation, where the judge will decide a schedule based on the best interests of the child.
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