Divorce Attorneys, Defense Tactics For DNA Testing Accuracy

Is paternity really an issue today? The average positive DNA test results are reported by experts to exceed 99.99% accuracy. Technology permits testing of 16 markers compared to 8 to 10 markers available only a few years ago. The exclusion process may also near 100% accuracy when running multiple tests. Nevertheless, many divorce attorneys still dispute paternity.

How divorce attorneys contest DNA testing accuracy

Only a few effective defense tactics remain against parental determination through DNA testing. Defense counsel may demand the presence of a defense expert. The expert may assert objections to the testing procedure, purity of samples, or techniques used for results interpretation. The presence of defense expert also raises additional legal issues. If an objection is not asserted while testing is in progress, is the objection waived? Courts are divided so far in addressing this issue. In criminal trials, experts frequently question the age of samples and procedures taken years before trial from a crime scene. In parental testing, fresh samples are readily available and render this defense tactic moot.

Note: many divorce attorneys are reluctant to request court approval for DNA testing of children conceived during a time of legal parental separation, despite the firm assurance of mom. Why? Other children of the marriage, of all ages, may also be tested by order of the court. Through experience, attorneys discovered a sure step ahead testing a new born may still produce shocking results.