As the presumed father of a child born out of wedlock, you possess a specific set of rights, according to ExpertLaw. These rights span the range from establishing paternity in the first instance to enforcing basic parental rights designed to allow you the ability to develop a meaningful relationship with your son or daughter.
Function
The primary function of a father's rights in paternity testing is to ensure that he has the ability to legally establish a parental relationship with the child, according to "Paternity and American Law" by Rosemarie Skaine. DNA testing is considered the foolproof way of establishing parentage.
Paternity Case
If a birth mother does not voluntarily acknowledge a presumed father's paternity claim, he possesses the right to pursue a paternity case in court, according to "Paternity and American Law." Once a paternity case is filed, the mother has the option to agree to DNA or paternity testing. If she will not agree to make the child available for DNA testing, the court will order her to do so.
Time Frame
A father's rights to seek paternity testing arise as soon as the child is born, according to ExpertLaw. He does not necessarily lose the right to seek paternity testing with the passage of time. However, if the presumed father is not involved in the life of the child, including providing financial support, he likely waives the right to seek paternity testing after the passage of time. The time frame that results in a waiver of rights to paternity testing depends on the specific circumstances of a particular case.
Warning
A man seeking to exercise his rights to paternity testing must understand that a declaration of paternity after DNA testing comes with certain obligations, according to FindLaw. The primary obligation of a father in such a situation is to provide financial support for his child. Financial support is determined by the same child support guidelines used in divorce cases.
Expert Assistance
Paternity laws and court procedures represent complex, challenging legal matters. As a father desiring to legally establish his paternity rights, consider retaining an experienced lawyer to represent your interests with regard to your child. The American Bar Association is a solid resource to aid you in finding legal representation. For example, the organization maintains contact information for local and state bar associations, groups that maintain directories of attorneys in your area that practice in the paternity law arena.
References
- ExpertLaw: Establishing and Contesting Paternity
- "Paternity and American Law"; Rosemarie Skaine; 2003
- FindLaw: Family Law Center
