Court-Ordered DNA Paternity Testing in Wisconsin: Timelines, Costs, and Refusals

Establishing paternity is the crucial first step before a Wisconsin family court can issue orders regarding child support, custody, or placement (visitation). If a man denies he is the biological father, or if a mother wants to legally confirm the identity of the father to secure financial assistance, the court will rely on science. A formal paternity action can be initiated by the mother, the alleged father, or the state (typically the local Child Support Agency if the mother is receiving state benefits).

Navigating a court-ordered genetic testing process can be intimidating. If you are facing a paternity lawsuit in Wisconsin, browsing our directory for an experienced family law attorney can ensure your rights are protected throughout the testing and subsequent custody proceedings.

How Much Does a Court-Ordered DNA Test Cost and Who Pays?

When the court orders genetic testing under Wis. Stat. § 767.84, the testing must be conducted by an accredited facility approved by the state. The cost of a court-admissible DNA test generally ranges from $200 to $500.

Who pays for this test depends on the circumstances of the case. If the local Child Support Agency, such as the Milwaukee County Child Support Services, Milwaukee or the Dane County Child Support Agency, Madison, initiates the case, the agency may cover the upfront cost of the swab. However, if the DNA test confirms that the alleged father is indeed the biological parent, the court will almost always order him to reimburse the state or the mother for the full cost of the test. If the test proves he is not the father, the county or the mother absorbs the expense.

What Happens if the Mother Refuses to Bring the Child?

Sometimes, an alleged father files a paternity action because he wants to be part of the child's life, but the mother refuses to cooperate. If a judge at the Brown County Circuit Court, Green Bay or any other local court issues a formal order for genetic testing, the mother is legally obligated to bring the child to the scheduled appointment.

If the mother refuses, she can be held in contempt of court. A judge may issue sanctions against her, fine her, or, in extreme cases, issue a warrant for her arrest. If she is the one who initially filed the paternity lawsuit and then refuses the test, the judge will likely dismiss her petition entirely, preventing her from collecting child support.

Consequences of the Alleged Father Skipping the Swab Appointment

Ignoring a court summons for a DNA test is one of the worst mistakes an alleged father can make. In Wisconsin, if you are served with a paternity lawsuit and you fail to show up for your court date or the court-ordered DNA swab, the judge can issue a default judgment under Wis. Stat. § 767.893.

A default judgment means the court legally declares you to be the father without any genetic proof. Once this happens, the court will automatically calculate child support based on state guidelines, often using imputed income if they don't know your actual salary. You will be on the hook for monthly payments, back child support, and birth expenses, and reversing this default judgment later is incredibly difficult and expensive.

Why At-Home DNA Kits are Inadmissible in WI Family Court

Many people try to save money by purchasing an over-the-counter DNA kit from a pharmacy or using services like Ancestry.com or 23andMe. While these kits may satisfy personal curiosity, they are completely legally inadmissible in Wisconsin courts.

The law requires a strict 'chain of custody' to prevent fraud. For a test to be court-admissible, an independent, state-approved third party must verify the identity of the people being swabbed (by checking government-issued IDs and taking photographs) and securely transport the samples directly to the lab. Because anyone can swab anyone's cheek at home and mail it in, home kits offer zero proof to a judge.

Step-by-Step DNA Testing Process

If you are involved in a paternity case, the process generally follows these steps:

• Step 1: The Initial Hearing. Both parties attend a preliminary hearing. If paternity is contested, the court commissioner will issue an order for genetic testing.
• Step 2: Scheduling the Swab. You will receive a document indicating where and when to appear for your buccal (cheek) swab. This is often done at the local child support agency or an affiliated clinic.
• Step 3: The DNA Collection. You must bring your photo ID. The technician will swab the inside of your cheek. The mother and child are swabbed separately, sometimes on different days.
• Step 4: Awaiting Results. The lab compares the DNA. The results are typically mailed to the court, the child support agency, and both parties within 2 to 4 weeks.
• Step 5: Final Adjudication. If the probability of paternity is 99% or higher, Wisconsin law presumes you are the father, and the court will issue a final judgment setting child support and placement schedules.

Frequently Asked Questions (FAQ)