Paternity Actions
A paternity action refers to a legal process that helps determine the biological father of a child. Paternity actions can be initiated by either the mother or the potential father, and they involve various legal procedures and tests to determine the biological relationship.
Often used in cases of disputed paternity, these actions are pursued to establish legal rights and responsibilities between a child and their biological parent. A paternity action should be filed when there is a need to establish legal paternity for a child.
Legal Rights and Responsibilities for Paternity Actions
When a paternity action is brought to court, the father’s legal rights and responsibilities as a parent are established. The conclusion may affect custody, visitation, financial support, and benefits.
Once paternity is proven, the father obtains the legal right to seek custody or visitation rights. This ensures that the father has a voice in decisions regarding the child’s upbringing, education, and healthcare. Visitation rights allow the father to spend quality time with their child.
Upon establishing paternity, a father becomes legally obligated to provide financial support to their child. This includes contributions towards the child’s living expenses, education, medical bills, and other essential needs. The financial contribution ensures that the child’s basic needs are met and that they can enjoy a reasonable standard of living.
The child may obtain benefits from the father’s health insurance coverage and inheritance rights or become eligible for government benefits such as social security or survivor benefits.
The Process of Establishing Paternity
Establishing paternity may differ slightly from one jurisdiction to another, the general steps involved typically include genetic testing, legal documentation, and court proceedings.
Presumption of Paternity for Paternity Action
In a paternity action, the presumption of paternity is based on the belief that a child born to a married couple is presumed to be the biological child of the husband.
The presumption of paternity ensures that the biological father is legally obligated to support the child and fulfill certain responsibilities, such as providing financial support and making important decisions regarding the child’s upbringing. It also grants certain rights to the father, such as visitation or custody rights. This presumption primarily operates in the context of a married couple, as it is assumed that the husband is the biological father of any children born during the marriage.
This presumption can be rebutted, meaning it can be proven incorrect. Factors that may rebut the presumption include evidence of infertility or impotence of the husband, evidence of a prior agreement between the couple that the husband would not be the biological father, or evidence of adultery by the mother. Additionally, genetic testing can also be used to rebut the presumption if it can be proven that the husband is not the biological father.
Genetic Testing and DNA Testing for Paternity Action
Genetic testing and DNA testing provide scientific evidence that helps establish the likelihood of an alleged father being the biological parent of a child. DNA testing can be conducted to confirm or refute paternity claims, providing an accurate and definitive answer.
The process of genetic testing begins with the collection of DNA samples from the alleged father, the child, and the mother. These samples are typically obtained through non-invasive methods such as swabbing the inside of the cheek to collect buccal cells. The DNA is then extracted from these samples and analyzed. The mother’s DNA is matched to the child and removed from the picture so the DNA that remains can be matched to the biological father.
The analysis involves comparing the genetic markers present in the child’s DNA with those of the alleged father. By examining specific regions of the DNA that are known to vary between individuals, scientists can determine if the alleged father shares enough genetic markers with the child to suggest paternity. This analysis calculates the likelihood of paternity by assigning a probability based on the shared genetic markers.
Genetic testing and DNA testing provide highly accurate and objective evidence in paternity cases. These tests have an accuracy rate of 99% or higher, making them the gold standard for determining paternity. The results of these tests are admissible in court and carry significant weight in legal proceedings concerning child support, custody, and visitation rights.
If you are looking to file a paternity action, the experienced family law attorneys at Sacks & Sacks can help guide you through the process. Contact Sacks & Sacks today to schedule a consultation.
FAQ’s
Q. What if the alleged father does not respond to the paternity action?
If the alleged father does not respond to the paternity action within the designated time, the court may issue a default judgment, declaring him the legal father. This is known as paternity by default. [1]
Q. What happens after paternity is established?
Once paternity is established, the court can make orders regarding child support, custody, and parenting time. These decisions are based on the best interests of the child and can be modified if circumstances change. [2]
Q. What if there are multiple alleged fathers?
When there is more than one alleged father, proceedings can be initiated against all named individuals. Genetic testing will be conducted to determine the biological father. If the test results exclude an individual, they will be dismissed from the proceedings. [3]
Sources:
[1] FAQs • What is a paternity case? (n.d.). Www.washtenaw.org. Retrieved July 23, 2024, from https://www.washtenaw.org/Faq.aspx?QID=287
[2] Children Need the Support and Love of Both Parents Children Need the Support and Love of Both Parents. (n.d.). Retrieved July 23, 2024, from https://www.acf.hhs.gov/sites/default/files/documents/ocse/chapter3_0.pdf
[3] Paternity Issues and Child Support. (n.d.). Www.nolo.com. Retrieved July 23, 2024, from https://www.nolo.com/legal-encyclopedia/paternity-issues-child-support-29847.html
