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In parentage cases, also called “paternity cases,” the court makes orders that say who the child’s legal parents are. for unmarried parents, the parentage of their children needs to be established legally. (Note: After January 1, 2005, if parents are registered domestic partners when a child is born, the law assumes that the domestic partners are the child’s parents.)
Establishing parentage means obtaining a court order or signing an official declaration of parentage or paternity that says who the legal parents of a child are. Establishing parentage is necessary before custody, visitation, or child support will be ordered by a court. You can ask the judge for child support or custody and visitation orders as part of a case that establishes the child’s parentage. If a father does not admit that he is the parent, the court may order the alleged father, mother, and child to submit to genetic testing.
Establishing parentage is also necessary for same-sex parenting situations if the parents were not married when the mother became pregnant or when the child was born. Once a person is established as the father or mother of a child, he or she will have all the rights and responsibilities of a parent and he or she will be able to request custody and visitation (parenting time) orders from the court so that he or she can legally visit with his or her child.
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In general, a man who is being told that he is the father of a child has the right, if he is not completely sure he is the father, to request genetic (DNA) testing to find out for sure if he is the father of that child. This is a relatively simple process, samples of a person’s DNA can be taken by gently rubbing a sterile cotton squab (like a Q-tip) inside his or her mouth.
If the Department of Child Support Services performs the testing, normally there is no charge to either named parent.
If the court orders the named parents to get genetic testing, there may be fees of several hundreds of dollars to have the testing done.
The court will NOT accept private genetic testing as evidence in a paternity case unless the test has been ordered by the court.
If the court orders genetic testing, it will provide the named parents with the information they need to get the tests done.
The court will not accept genetic tests done at home or in a private medical facility.
Many individuals do not fully understand their parental rights when there is no marriage. This confusion usually leads to significant issues and problems in a separation from the other parent. It is critical to know your legal rights as a parent so that you can have a smooth and seamless transition. Call us today for a complimentary consultation. During this meeting, whether on the phone or in our office, we will discuss your case in detail and draft a plan of action that accomplishes your wants and needs.
Start gathering photographs, paper mementos and any documentation you can think of that relates to your relationship with the minor child. Also start brainstorming of potential areas of concerns and positives of the relationship with the other parent. If child support is at issue, then start gathering your last two years of tax returns, last two months of paystubs along with financial monthly obligations.
To initiate any paternity action, a Petition for Paternity must be filed with the court by one parent. A Response must be filed by the other parent within 30 days after he/she has been served with the Petition. In addition, either party may file a Request for Orders at that time or later on, for relief such as temporary custody orders and support, pending final resolution at trial or by settlement. We can help you with all your initial filings and help see your case to finality.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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