Each of the 50 states establishes a specific statutory scheme used to obtain paternity or DNA testing. Despite some minor variations from one jurisdiction to another, the legal action to obtain a paternity test largely is the same across the country, according to the American Bar Association Section of Family Law.
Petition or Complaint
The process for seeking a paternity test commences with the filing of a petition or complaint for paternity. If the biological mother files the petition, she identifies the man she believes is the father of the child. If a man believes he is the biological father, he sets forth the facts supporting his belief in the petition. If the state provides financial assistance of some sort for the child, the government itself can file a petition for paternity, naming both the mother and the presumed father as parties.
Functions
The functions of filing a paternity case include giving the court jurisdiction to order paternity testing, according to "Paternity and American Law" by Rosemarie Skaine. The court directs the father to submit to DNA testing. The biological mother, or whoever has custody of the child, must make the child available for DNA testing as well. The failure to comply results in that individual being held in contempt of court.
Time Frame
Although DNA testing normally occurs not long after a child is born, in reality there is no restriction on when a paternity test is conducted. In other words, if the presumed father is unavailable for several years, he can be brought before the court when he surfaces and be required to submit to a DNA test.
Effects
If a man is confirmed as the father of a child through a paternity test, he obtains rights as a parent and also assumes certain obligations, according to FindLaw. For example, the father possesses the right to visitation with the child, presuming the mother has custody at the time the DNA test results are received. A father has the obligation to pay child support pursuant to the child support guidelines in force in the state where the minor resides.
Expert Assistance
Paternity cases require an understanding of complex laws. Additionally, these types of proceedings tend to be emotional. Therefore, if you anticipate involvement in a paternity case and the need to obtain DNA testing, consider seriously retaining the services of an experienced lawyer. The American Bar Association maintains a resource for consumers to aid in finding local and state bar organizations. In turn, these groups provide directories of lawyers who practice in different areas of the law, including attorneys experienced in paternity matters.
References
- American Bar Association: Section of Family Law
- "Paternity and American Law"; Rosemarie Skaine; 2003
- FindLaw: Paternity
