If you are married to the mother of a child on
the date that the child is born, then you are presumed to be the
father until it is established that you are not, and you are
financially and legally responsible for the child.
If you suspect that you are not the father of the child, then in
most cases and in most states, you have one year from the date
of a child's birth to challenge paternity. If you
decide to do this, then you will need to present to the court
evidence that you are not the father. The most compelling
form of evidence is genetic testing, most often referred to a a
DNA test. These tests are inexpensive, fast and very
accurate. If the DNA test determines that you are
not the father of the child, and if you initiate divorce
proceedings, then you will be released from financial and legal
obligations to the child from the date that the paternity
complaint was filed.
If, on the other hand, you were not married to
the mother at the child's time of birth and are denied your
fathers' rights by the mother but want to be involved in your
child's life, you may file a paternity claim with the
court. If DNA proves that you are the biological father of
the child, then you entitled to visitation rights and may be
required to pay child support. In return, you have
the same legal rights as a father of a child born within a
marriage. The child also benefits, not just
emotionally, but by being entitled to financial benefits that
include Social Security and inheritance rights.
If you have questions about fathers rights and
paternity, contact us. We
will put you in touch with a local, affordable family law
attorney who can make sure your rights are protected.