Being a parent is a proud achievement for many people. Sometimes it is very easy for a person not to know that he is a father or to have a child that is not his. Some men want to be the father of the child and just don’t know it. Others may need help to prove that the child is not theirs. For mothers who know the father, law firms can subpoena them for a paternity test to prove that they are responsible and get the child support they deserve.
Paternity is in question when the court needs to determine if someone is responsible for child support and other legal issues related to the children. In order to award child support money to the primary care parent, a paternity test may be required. This will legally recognize the relationship between the parent and the child. When two people are married and a child is conceived and born, they are considered to have full rights and obligations towards the child. However, if one party can provide evidence that the child may not be theirs, the court will order a paternity test before a court decision on child support is made during a divorce.
When a mother was not married, the man can accept parental rights. The mother can apply to the court for court orders to determine the father of the child. Once the father has been determined, they can choose to participate and exercise their parental rights through a parenting plan. This plan says how each parent will share responsibilities for the child, including legal custody, visitation, and health insurance.
In most cases, it is assumed that paternity lawsuits result from the man refusing to pay child support as a result of the two parties not being married when the child was conceived. This is true, but they can also occur within a marriage in cases where the wife was unfaithful. The husband may question whether the child is his and need scientific proof for issues such as custody and child support in divorce cases.
In many cases, a parent who is not the paternal parent can be required to support the child if they did so before the divorce. This depends on the state. Many states have now passed laws that eliminate liability if the man is not the paternal father. When a child is legally adopted, the parent is still responsible for supporting the child. Often, the court orders the paternity test to determine the actual father of the child for a proper court decision.
Divorce lawyers can be very helpful in cases like these because they already know all the other aspects of divorce and custody decisions. They can file the petitions and other forms necessary for the paternity test and serve your best interests. No matter what the issue is, knowing your rights and responsibilities can help provide the information your lawyer needs to build a strong case.
