Understanding The Paternity Law

Paternity refers to legal acknowledgement of fatherhood. According to the Mansfield Rule, the child born to a wife during the marriage is considered to be the husband’s child. The husband would have the complete rights and responsibilities for the child. However, in a divorce, annulment or legal separation, paternity could be questioned or rebutted.

If the mother is not married, then paternity could be established or the father could come forward and accept the responsibility over the child. Documents should be filed in court and the paternity acknowledgement form should be signed. One thing to keep in mind is that the paternity acknowledgement form (PAF) is not a document which establishes visitation rights and custody. This is a way of authorizing the Child Support Enforcement Division to collect child support from you.

In situations when paternity is questioned after divorce or separation, then the court could call in potential fathers and have them provide sworn statements. To determine paternity, the circumstances leading to the child’s conception, genetic proof through DNA testing, and other evidences are used in court. Hospital records and the birth certificate are not proof of paternity.

Before any DNA testing, it is important to establish if the mother had sex with other people or had a relationship of any nature with another man. For DNA laboratory exams, it is important to work in labs certified by the AABB (American Association of Blood Banks). Usually, DNA paternity tests are 100% conclusive and admissible in court. The father could still provide his own independent results.

Home DNA testing kits are not ideal for court or legal purposes. They are not admissible in the court since they are not objectively accounted for from time to time since the swab or sample was taken. Most parents who would perform home DNA testing do this just for curiosity.

DNA testing is important since paternity fraud could happen. Paternity fraud occurs when the biological father is not informed by the mother of the child that there can be more than one putative or alleged father. In fact, about 33% of men who have taken DNA tests found out that the child was not biologically theirs.

When paternity is established, the father should provide for the child’s needs according to the state’s child support guidelines. The father also gains the right to visitation and even child’s custody. Usually, in absence of case of misconduct, both parties would have equal claim to custody. The court should always consider the interest of the child for any decision regarding custody.

If the biological father wishes to be a part or provide an impact on the child’s life, then he could file a parenting plan. A parenting plan is filed in a district court. It contains the parental responsibilities that the biological father wishes to be involved in, like custody, visitation and medical insurance.

When determining the child support, each law would follow its own laws and child support guidelines. Child support guidelines are updated from time to time. But generally, the guidelines would consider the needs of the child, the non-custodial parent’s ability to support the child, and the child’s standard of living.

Establishing paternity is not the only thing stated in the law. In fact, another major paternity issue is about providing paternity leaves to fathers who wish to spend more time with their new children and family. If it is about establishing paternity and child custody, it is best to check with the local government.