Legal Question in Family Law in Massachusetts

You can refuse a DNA test as long as it was not ordered by a Court. If a Court orders a test, then you must take it. I assume that a court will give you an opportunity to appear and be heard before it orders a test. If so, you may want to hire an attorney for the court case.

Unless Ordered by a court, you are not required to provide a DNA test nor is your child. If the gentleman goes to court to get a DNA test, then you should be given notice and an attorney should appear for both you and the child. If the court appoints a Guardian ad Litem or an attorney to represent your child, the Petitioner should be required to pay for the cost of same.

You do not have to provide a sample for DNA testing unless and until ordered to do so by the Probate and Family Court. You will have to receive notice (at least 7 days in advance) of a hearing if this man schedules same in court. At that time, you will have the opportunity to explain to the Judge why a DNA test would be innapropriate. Ultimately, it will be for the Judge to decide, not this man.