paternity petition
What is a paternity petition?
A paternity petition is a document that is used when one of the unmarried parents wants to establish the paternity of a child and the other parent objects.
Unmarried Father
An unmarried father can complete a paternity petition if believes he is the biological father of a child. Filing a petition with Family Court alone does not mean that a judge will issue a court order to have the mother come to court to establish paternity.
Here is a common situation where a Judge may deny an alleged father’s petition. For example, If the mother was married to another man. Legally any child conceived in a marriage means the husband would be considered the legal father of the child.
In order for the unmarried alleged father to prove paternity. He will have to perform a DNA test. Both the husband and wife must agree to allow the DNA test to be performed on their child.
If the husband (legal father) does not agree to allow the biological father to perform a paternity test. The biological father will have no legal rights to his offspring.
If this is a situation you are currently experiencing. We recommend that you speak with a Family Law attorney to explore your options. Remember, each state may interpret laws differently. Therefore it is recommended for parties who live in two separate states and are dealing with a paternity issue. They learn the state laws in which the child was born.
Unmarried Mother
Unmarried mothers can also file a paternity petition. Mothers on average have a higher frequency of a Judge accepting a mother’s petition. This is based on conversations we had with some of our clients in recent years.
Where can I get a paternity petition form?
If you are looking for a paternity petition form for your state. Please visit your state’s .gov website and go to the search bar. Enter the “paternity petition” to search for the document and follow the instructions.
In the event, you are unable to find the document on your state’s website. We recommend contacting your county’s Family Court or Local Registrar’s Office to inquire about attaining this form.
Conclusion:
In closing, A paternity petition is a document used when unmarried parents do not see eye to eye in establishing the paternity of their child. If this is a situation you are currently faced with then this document may be able to assist you.
We recommend that you speak with a Family Law Attorney before filing your petition. Having a consultation will help you to better understand your chances of success and may provide a better understanding of paternity statutes in your state.