Q&A

When to establish and contest paternity in court?

When to establish and contest paternity in court?

Establishing and Contesting Paternity. May 7, 2018. The law of paternity governs the legal relationship between a father and his children. It applies to biological children, adopted children, and children for whom a legal presumption of paternity arises, such as when a child is born within an intact marriage.

Can a father file a petition to establish paternity?

Petition to Establish Paternity: If the mother will not consent to an Affidavit of Paternity, the father may file to establish paternity, in which the Court can determine custody arrangements, visitation schedules, and order child support. Genetic tests can also be requested by either party or even ordered by the Court.

What happens if a father fails to appear for paternity testing?

If a putative father fails to request paternity testing, or fails to appear in the court proceeding to dispute the allegations in a paternity petition, the putative father may potentially be declared to be the child’s legal father even in the absence of a biological relationship with the child.

What happens if paternity is not in dispute?

If paternity is not in dispute, the parents may agree to the entry of a paternity order. Once a court issues a custody order, the father may seek custody or parenting time (visitation) with the child. The order also creates a legal duty for the father to provide child support.

Petition to Establish Paternity: If the mother will not consent to an Affidavit of Paternity, the father may file to establish paternity, in which the Court can determine custody arrangements, visitation schedules, and order child support. Genetic tests can also be requested by either party or even ordered by the Court.

When does a paternity claim need to be contested?

Most commonly, paternity will be contested to challenge a child support order that has been or will be entered. There are strict requirements, however, for how and when paternity can be contested. Here are some things to keep in mind when considering the issue of contesting paternity.

Can a father ask for a paternity test?

The father can always ask for a paternity test if he has reason to believe that he is not the biological father, but since he has already admitted paternity, the court will likely require that he be responsible for the cost of said test. Courts generally also place a time limit on these tests.

How can I disestablish paternity of my child?

Petitions to disestablish paternity can only be filed by the child’s mother, established father, the child, or the legal representative of any of the above. There are also strict procedural and substantive requirements for each petition and proper service must be made on the non-filing parent and any other interested parties such as CSRU.