When a child is born, determining fatherhood is important as paternity determines child support, upbringing, and the child’s right to aid and shelter. Once a man’s paternity is established, the child and the mother can get access to the man’s medical history to learn of potential issues. Paternity suits aren’t always initiated by mothers. In some cases, doctors and courts name the wrong man as a child’s father. In such cases, either parent can file a paternity suit.
Grounds by Which Paternity Can Be Challenged
Many paternity cases rely on medical proof to document fatherhood. Usually, paternity tests are highly accurate, but sometimes they can fail. These are the grounds for challenging paternity findings:
Tainted or fraudulent lab results
Proof of sterility or infertility
Proof of tampering with test results
Proof of a woman’s infidelity during marriage
A paternity challenge is similar to a paternity establishment action. Every jurisdiction has slightly different rules on initiating a lawsuit, and clients should turn to a legitimation and paternity lawyer for advice. Some areas consider how many years the child has believed a particular man is their father, and proving paternity can become more difficult.
The first step is to file a formal complaint with the local court. Once that is done, the court might order DNA testing for father and child, and they may gather evidence from other places to determine actual paternity. The evidence can include medical papers or voluntary acknowledgments of paternity. A blood test can determine biological relation, but cannot solely determine paternity. After the testing process is over, the court will name someone as the child’s father, and from there, parents must determine custody and child support.
Hiring an Attorney for Legal Help
It can be frustrating and emotionally taxing to deal with paternity problems, hence, it is vital for all the adults involved to cooperate with testing protocols so the child’s rights are upheld. If a client is in the midst of a paternity dispute, or if they want to challenge or establish paternity, a legitimation and paternity lawyer with Dsternlieblaw.com can provide the legal assistance needed to prove a case.
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