Law Library Articles
Top 10 Paternity Law Articles in the LegalMatch Law Library
A study in 2006 concluded that 2 percent of married men were not actually the father of their children. In this age of DNA testing, even though technology has allowed us to establish genetic ties with certainty, our laws still follow traditional definitions of fatherhood and paternity. Traditionally, the husband is considered the father of all children born to the couple during the marriage.
Once a man accepts his role as a father, that acceptance comes with many legal responsibilities. As such, if you have any questions regarding paternity and what that means for you legally, the LegalMatch Law Library has compiled a list of the Top 10 Articles on Paternity.
1. Paternity Test Laws
DNA testing is the most common way to determine whether someone is a child’s father. This article explains how paternity tests are ordered, who can request one, and what happens if someone refuses to be tested. It also discusses legal outcomes, such as how positive results typically lead to child support.
2. Establishing Paternity of an Out-of-State Father
Figuring out fatherhood is more complicated when the alleged father lives in another state. Learn how service of process, child support agencies, and even interstate legal agreements can help you get a paternity order. You’ll also see how the court ensures child support is enforced across state lines.
3. Paternity Fraud
Sometimes, a person may lie about paternity to gain or avoid child support. This piece explains what paternity fraud is, why it’s illegal, and how a DNA test can reveal the truth. It also covers the potential penalties for making false claims, including contempt of court and possible criminal charges.
4. State Statute of Limitations to Establish Paternity
Not every state allows you an unlimited timeframe to file a paternity suit. Whether you’re a mother seeking support or a father requesting custody, this article breaks down various state deadlines. It also highlights how missing these deadlines can affect your rights and the child’s future benefits.
5. Paternity and Child Support Lawyers
Establishing paternity often triggers a child support obligation, and this article clarifies that link. It walks you through how courts use DNA results to finalize paternity, then decide child support, medical coverage, and other responsibilities. It also explores scenarios where fathers later discover they are not the biological parent.
6. Prenatal Paternity Test
Did you know paternity can be confirmed before the baby is even born? Learn about noninvasive prenatal paternity tests, which rely on fetal DNA in the mother’s blood. This article explains how these tests can help parents resolve support, custody, or medical questions months before the child’s birth.
7. Filing a Paternity Complaint
To start a legal action for paternity, someone must file a formal complaint. Here, you’ll see who can initiate these cases (mother, father, or even the child) and what each step in the legal process looks like. Once the complaint is filed, courts can order DNA tests, set support obligations, and finalize fatherhood.
8. Establishing Paternity in Court
While many parents sign voluntary declarations, others need a courtroom decision. This article details how judges weigh DNA tests, birth certificates, and other evidence to rule on fatherhood. It also covers how paternal status grants parental rights, such as legal custody, and obligations like child support.
9. Paternity DNA Testing
DNA testing is at the heart of most paternity disputes. Read about how samples are taken (e.g., cheek swabs, blood draws) and the accuracy of results. You’ll learn what to do if someone refuses testing or if there are concerns about test errors, along with next steps once results come back.
10. Voluntary Acknowledgement of Paternity
Many unmarried parents can skip the courtroom by filing a simple form. This piece shows how signing a voluntary acknowledgement form instantly creates legal fatherhood and is cheaper than a lawsuit. However, it cautions dads to be absolutely certain they’re the father first, as reversing this declaration can be time-consuming and costly.
Each state’s laws differ, so if you have more specific questions or need help with a paternity action, consider consulting a knowledgeable family law attorney. Whether you’re looking to secure child support, exercise custody rights, or end support you shouldn’t be paying, legal guidance can help you protect your interests and your child’s best interests, as well.
