Despite some minor variations in law and court procedures, the basic elements associated with seeking paternity testing largely are the same no matter where you reside in the United States, according to FindLaw. The process of obtaining paternity testing starts with filing a petition for paternity in a court in the county where the child resides.
Considerations
A man alleged to be the father of a child possesses the right to obtain an order for paternity testing--also known as DNA testing. A father is vested with this right either to attempt to prove he is the father or to prove that he is not related to the child, according to ExpertLaw.
Time Frame
No clearly delineated time frame exists for a father to exercise his rights to obtain paternity testing. Generally speaking, a man best protects his rights and interests by obtaining paternity testing as soon as he becomes aware that a child is born and that he may be the father, according to "Paternity and American Law" by Rosemarie Skaine.
Effects
The ultimate effects of paternity testing include establishing the rights of a man to a child or eliminating him as a parent. If paternity is established through DNA testing, the father also assumes certain obligations for the child. Primary among these obligations is the legal requirement to provide financial support for the child.
Misconceptions
Among the misconceptions associated with paternity testing is that a man married to a woman readily can seek DNA testing to prove some other male fathered the child. In fact, a husband faces a daunting task under the laws of all states to obtain court-ordered paternity testing. The standard in all states is that a man married to a woman who gives birth is presumed to be the father.
Expert Assistance
Establishing or contesting paternity requires a keen understanding of complex statutes and complicated judicial procedures. Finding yourself in a the position of needing to resolve a paternity issue requires that you have a basic understanding of the law and process. If you do not, you seriously must consider retaining an experienced lawyer. The American Bar Association maintains a range of resources designed to assist you in finding a lawyer, including contact information for state and local bar organizations.
References
- ExpertLaw: Establishing and Contesting Paternity
- "Paternity and American Law"; Rosemarie Skaine; 2003
- FindLaw: Family Law Center
