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Fatherhood is already challenging, but this can be exacerbated if you doubt the child is yours. Establishing paternity is essential for many reasons, not only to you as a potential parent but also to the child involved. You want what is not only best for you but best for the child. Challenging paternity does not mean you do not want the responsibility of raising your potential child; it simply means you want to ensure the right person is recognized as the parent.
Reasons for Challenging Paternity
There are plenty of reasons a person may want to challenge the validity of a paternal claim. You may have information that leads you to believe the paternal claim was made incorrectly. You may have a suspicion that you are not the father based on several factors, such as the child’s appearance, the timing of inception, or known infidelity. If you believe you are infertile or have had a vasectomy, you would be valid in assuming you did not father the child, although pregnancy can happen in either case.
Of the many reasons you may have for challenging paternity, the most prevalent may be; you simply want a piece of mind.
When is Paternity Established?
When a child is born, paternity is usually established in a variety of ways. If you and your partner are married at the time of birth, it is assumed that you are the child’s father. In some states, the same is true if the child is born shortly after the termination of your marriage, either by divorce or annulment.
You may voluntarily acknowledge the paternity of a child, as well. This is usually the case when unwed parents have a child, and is established by you, the father, signing a legal form to establish yourself as the child’s father.
A court may establish paternity if the child’s other parent submits a legal complaint.
What are the Steps to Challenging Paternity?
This can vary from state to state, but the general steps are similar. Step one is to act as soon as possible. Some states consider how long paternity has been established or how long a child has believed you to be their father. The longer it has been, the more difficult it can be to challenge paternity. This is to protect the child and avoid undue emotional and psychological trauma.
Your next step should be filing a complaint with the court. The court may order DNA testing or seek other evidence from other sources to determine the biological father of the child. This can be medical documentation discrediting paternity, such as a DNA test, proof of infidelity, proof of absence during conception, such as a military tour, or the child’s actual father acknowledging paternity. Have your evidence ready, and follow the orders of the court.
A blood DNA test is the most reliable way to determine if you are biologically related to the child, but a blood test alone can not determine who the father is.
A judge will consider all evidence presented and determine who the father is. If you are determined to be the father, you will be expected to uphold your parental obligations, including visitation, child support, and custody logistic.
It is crucial you have legal representation when challenging paternity. While the above process is relatively straightforward, having a solid defense planned out can save a lot of heartache and headache if you feel you must challenge evidence or you think you have received an unfair decision.
Can I Sue if the Mother Knowingly Lied About Paternity?
You may be wondering if there are any civil or legal repercussions when a woman knowingly lies about the paternal status of the child.
In some states, lying about the paternal status of a child is considered fraud. This can lead to fines and/or jail time.
If you were affected by this fraudulent activity, either financially or emotionally, you may have a basis for a lawsuit.
Be forewarned; it is also illegal for you or any father to knowingly lie about their paternal status, which can lead to the same repercussions for you.
Do I Need an Attorney for my Paternity Case?
To summarize, if you doubt your paternity for a child, act immediately. It can be more difficult to challenge paternity if you wait too long. File a formal request to establish paternity in court; the court may order a DNA test and other supporting evidence. Work with a legal team to build your case. They can be prepared for a verdict you feel is wrong. If it is determined the mother of the child knowingly lied about the paternal status of the child, you may be owed reparations.
