Overview:

Paternity between an individual and a child is an important factor for the welfare of a child. A paternity identification test is conducted to establish whether a person is the biological parent of another person or not. This test is known as a paternity test.

Today, increasing numbers of skeptical fathers are facing the shocking reality that one or more of their children aren’t really theirs. Such surprising news proves to be a psychological trauma for those few men. In a surprisingly large number of cases, the claimed father realizes that, he has been defrauded for years and perhaps thousands of dollars worth—of unjustified child support payments.

It is important to have an experienced attorney for your assistance, who is sensitive to your needs and who can develop a strategy to protect your rights. An experienced attorney can negotiate the child custody issue with other party to reach an agreement before going to the court and you can save your expenses of child support litigation.


Paternity Laws:


Paternity laws currently vary from state to state. One common thing among cases involving paternity is the need to establish proof-of-relationship. The individual must prove his relationship to the child. No matter what the burden of proof on a person asserting or denying paternity, recent developments in DNA testing may make these formalities irrelevant. Most of the cases are decided on scientific evidence that is almost 100% accurate. Science has effectively removed paternity cases from usual rules of litigation and proof. Now courts and legislatures talk about 97% or 99% certainties instead of terms like “preponderance of the evidence.


Establishing Parentage by Presumption:


In many states when a married woman gives birth her husband is presumed as the father of the child. This also applies even if the marriage is void. Similarly, when a child is conceived at a time when the mother is married, her husband at the time of conception is presumed to be the father– even if the marriage was void or is dissolved prior to the birth of the child.

When an unmarried woman gives birth to a child and later marries, the new husband will be supposed to be the child's father, if he gives his written consent as the father of the child on child's birth certificate. Finally, any man who is along with the child's mother will be presumed to be the father of the child if he voluntarily signs a Voluntary Acknowledgment of Paternity.


Child Custody and Child Support:

If a child is born without marriage and the father is not identified on the child's birth certificate, it is necessary to establish paternity after the death of the father, whether through court orders or through a legally binding acknowledgement of paternity. A government agency may require actual proof of parentage before extending survivor's benefits to the child even if the father supported the child in his life, and had a relationship with the child.

Similarly, if there is no stipulation in the father’s will for the child. It is necessary to establish paternity for obtaining a share in father's estate as a "pretermitted" heir. Sometimes father’s DNA is available in the form of a preserved tissue which can be used to establish paternity. If there is no father’s DNA is available, it is a common practice to compare DNA with the close relatives of the father; as father’s other children or grandparents and testing of close relatives can establish paternity with a high degree of probability, and will probably satisfy the needs of any court or government agency.


Child Custody and Child Support:


Many people use the wrong attorney, what I mean by ″wrong″ is an attorney that does not specialize in family law focused on paternity issues, they use the family attorney.

Paternity Lawsuits can impact your life for decades to come. Don't risk your future – or your child's future – by trying to go it alone. Contact an experienced Paternity Attorney at Lawyer’s Area to get credible legal advice