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Paternity is a legal dispute in which an unwed mother accuses a man of being the father of her child or vice versa: a paternity suit.
Where paternity of a child is an issue, any party in interest, the mother, the father, or the child, can ask the court for a determination. That means litigation can be brought by a private party. A private action for paternity is usually either brought by the mother in order to get support or by the father to establish his legal rights as the father.
A person identified as the child's father in paternity suits is called the "putative father".
When the suit names the putative father as a defendant in a paternity case, he has a choice of either consenting to the entry of a paternity judgment or contesting the action.
If the putative father consents, he would sign a Declaration Acknowledging Paternity, which would establish the legal relationship between the father and the child. It is imperative that you seek the advice of an attorney in your area before consenting.
If the putative father denies that he is the father or is not sure, DNA tests based on a cheek swab conducted on him, the mother, and the child can indicate a probability of paternity. The tests can exclude a man who is not the biological father and show the likelihood of paternity if he is not excluded.
DNA testing has become the most powerful test for determining paternity and is admissible in paternity trials. The percentage is usually from 95 to 99 percent. That means that if the test determines that the probability is that percentage or higher, paternity is presumed. The burden is on the putative father to rebut the presumption, a very difficult task.
In addition to child support, paternity establishes emotional, social, and economic ties between the father and the child. Once paternity is legally established, the child gains certain legal rights and privileges.
Special reasons for establishing paternity:
1. Benefits - The child may be eligible to an inheritance, medical and life insurance benefits, and rights to social security and veteran's benefits.
2. Medical history - It is crucial to the child's health for the doctor to have knowledge of the father's medical history. Knowing the family's full history of diseases, illnesses, and birth defects can help the doctor if the child becomes sick.
3. Identity - It is important for the child to know who his or her father is. This will help make the child more secure.
4. Father figure - Studies have shown that fathers play an important role in the lives of their children. Children who have a father figure in their lives are more likely to stay in school and avoid drugs and crime. They are also more likely to grow up to be responsible adults. |
| Paternity Fraud |
Paternity fraud occurs when a man is falsely identified as the only possible biological father of a child because the mother withholds information that there may be more than one putative father. That is why it is very important that if you are served with paternity papers that you insist on DNA testing. Through DNA, a large number of men have discovered that the child was not biologically theirs. Estimates reveal that almost 33 percent of men who have taken DNA tests are found not to be the biological father of the child.
In California, there are critical time limitations on bringing an action for paternity. Therefore, in order to protect your rights as a father, mother, or those of your child, it is important that you check with an experienced California family law attorney regarding paternity laws. |
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| Backes & Associates offers excellent professional services in all aspects of Family Law including Divorce, Legal Separation, Domestic Partnerships, Child Custody and Visitation, Child Support, Spousal Support, Domestic Violence, Restraining Orders, Division of Property, Grandparent Rights, Premarital Agreements, Paternity and Adoptions. |
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| DISCLAIMER: |
| The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Neither this web site nor its contents create an attorney-client relationship. |
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