As a mother, officially determining
the paternity of a child is the first step in enforcing the father's legal
obligations to a child which may include child support as well as other legal
rights and restrictions. For a father, legal proof of paternity must be
obtained in order to begin to pursue custody and visitation rights. There are a
few ways law offices go about proving paternity.
Acknowledgement of Paternity
This is a voluntary process in
which the [unwed] father is recognized as the biological father when both he
and the mother acknowledge the fact and a Paternity Acknowledgement is signed
at the hospital where and when the child has been delivered.
Each state sets specifications for
assumed paternity – if they are met, a man is automatically assumed to be the
father. In most cases, these include that if the child is conceived while the
presumed father and mother are married and living in the same household, and
the man is not infertile at this time, he is considered to be the father. Bear
in mind that since there have been cases where these circumstances have not
been correct, there are ways to rebut this ruling.
In certain states, a man can be
considered as the father by default it he fails to meet certain legal
obligations. For example, if he was informed of and scheduled for a paternity
test, and fails to show, he may be deemed the father by default.
When an alleged father denies his
paternity to a child, or if a mother denies a man's paternity who believes he
is the father of the child, the judicial process is called into action. In this
case, the court determines whether or not a man is the father, and whatever the
outcome will determine whether the father gets custody, must supply monetary
support, can have visitation rights, et cetera. In a case like this, it's a
good idea to have an experienced lawyer, such as Marshall
Davis Brown Jr
, represent you in court so the true outcome and requirements
are reflective of the actuality of the situation.
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