What does a paternity dispute mean?
A paternity dispute occurs when a man questions whether he is the biological father of a child. This questioning may arise during conflicts or when family and friends comment on the child’s appearance. The alleged father might feel betrayed, embarrassed, and concerned about his financial responsibilities.
How should a man handle a paternity dispute?
The best time for a man to address questions about his paternity is to conduct a paternity test shortly after the child’s birth. If an unmarried alleged father cannot perform a paternity test due to a contentious relationship with the child’s mother, he has other options.
Petition To Establish Paternity
The alleged biological father may file a paternity petition with the Family Court in his county. It is important to note that filing a paternity petition may not be successful if the child’s mother is married and conceived the child with another man who is not her husband. In this case, the husband will be recognized as the legal father of the child.
If the unmarried biological father wants to take responsibility for raising the child, both the husband (the legal father) and the wife must agree to cooperate. Typically, in such scenarios, the husband may seek to terminate parental rights. Both parents must reach an agreement on this matter.
Once parental responsibility is terminated, the unmarried biological father can proceed by filing a paternity petition in Family Court. The judge will then request a paternity test to establish paternity.
We recommend consulting a Family Law professional to understand paternity dispute situations and available legal recourse.
For inquiries about obtaining a legal paternity test, please contact our office today at 888-204-0583 to learn more.
Petition To Disestablish Paternity
Paternity disestablishment can occur within a specific time frame after an unmarried man signs a paternity acknowledgment form. The time frames may vary by state, but on average, a petition to disestablish paternity must be filed within 60 days from the date of signing the acknowledgment form.
For married men who are the legal father but not the biological father of a child conceived during the marriage, the process involves several steps. First, the husband must identify the biological father of the child. If the biological father is willing to be involved in the child’s life, the husband, wife, and biological father must appear before a judge to disestablish paternity.
If you are uncertain about paternity disestablishment timelines we recommend that you consult with a family law attorney.
How common is paternity fraud?
Paternity misattribution or fraud statistics can only be determined by individuals who perform DNA testing where the alleged father is excluded as the biological father of a child. Below are the latest statistics as of 2023 for paternal DNA testing exclusions:
- Non-Immigration Legal Paternity Tests: 20%
- Immigration Cases: 4%
- Non-Legal Paternity Tests: 29%
The statistics above show the breakdown based on over 347,000 genetic testing cases performed. A 30% exclusion rate often advertised online does not refer to the general population; it refers to the number of reported genetic testing cases.
Conclusion
A paternity dispute can significantly impact the lives of those involved. Addressing these disputes early through paternity testing is crucial for clarity. Men questioning their paternity have legal options, including filing a paternity petition or seeking to disestablish paternity. Understanding the complexities of these processes is essential for ensuring the best outcomes for both the child and the parents.
Consulting a Family Law professional provides valuable guidance tailored to individual circumstances. For further assistance regarding legal paternity tests or related inquiries, please contact our office at 888-204-0583.