The Basics on Proving and Disproving Paternity

The duty of any parent is to care for their children but a father is the beacon for his children. This makes most fathers proud but this isn’t always true. There are some fathers that have no interest in the life of their child. When a father doesn’t take responsibility he could still is subject to paying child support. When a man wants to be part of his child’s life it’s important that he is able to prove paternity. The mother and father do not have to be married to prove they are a child’s parent. The possible father can take a paternity test to prove or disprove whether or not he is the father. There are some states that do not allow a father to disprove paternity during the course of the marriage.

Details on Proving Paternity

Still today many states allow you to volunteer that you are the father and sign as the father without proving it first. You can sign the birth certificate as well as acknowledge that you are the father at a later date. This is done through the Department of Health and Vital Statistics. If you ever doubt that you are the father, you can withdrawal your acknowledgement; however some states only give you a limited time to do so.  If you wait too long you may have to file a motion to get this changed. Should the mother ever disagree with your acknowledgement you may need to ask the court to order genetic testing. This usually results in a court order that requires the mother to comply with the test.

Is Paternity Assumed?

If you are married and your wife gives birth it is assumed that you are the father. You may feel the need to disprove paternity which is also a reason to request a paternity test. There are a few states that will not allow you to do a test because the law states that it could bring the child psychological harm. If there is another man that would like to get a test to prove that he is the father this may be allowed. The law can be complicated regarding paternity testing and legal rights to your child. If you have more questions regarding your rights as a potential father you should contact a family law lawyer as soon as possible.

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