Archive for the 'Paternity' Category

Indiana Paternity

Posted by admin on 27th April 2006

Child support cases and paternity cases are rising up all over the United States. The laws for presumption of paternity differ from state to state and there is only one true way to prove whether you are the father or not the father of a child. Each state has there own set of laws for the “Presumption of Paternity” and also for the “Rebuttal of Paternity”. These must be viewed closely if you want the father of your child to be an active parent and pay child support, or if you are not the father and you wish to prove the fact. You may also be the father and wish to prove your parentage so you can have an active role in your child’s life.

The Indiana Presumption of Paternity states that the biological father is the man that was married to the mother or that the child is born within 300 days after the dissolution, annulment, or death of the husband. If the couple lived together the same applies as above. Paternity can also be proven parentage by undergoing a genetic paternity test, if the test shows 99% probability then that person will be deemed the biological father.

If there is no one named as the biological father in according to Indiana law, the father can be established with the consent of the mother as the man you receive the child into his home, and openly states he is the father.

When there are any doubts to the paternity of a child you can petition the court for blood tests and DNA tests to be done. It is best to talk with an attorney before you do anything. Whether you are wishing to prove or disprove your fatherhood, everything must be done by the book. If you do not understand exactly how to go about the proceedings you may find yourself paying child support for a child that is not yours or never seeing a child that you the father of.

Most of the laws governing these cases are there for financial support of the child. The state does not want to pay out funds when they can find a parent to pay. Therefore, if you are not the father, talk with an attorney as soon as possible. You will need to file a paternity action in Court to deny that you are the parent of the child. If you have been paying child support already under a temporary order you can be reimbursed if the tests prove you are not the father.

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When Will a Court Order Paternity Testing?

Posted by admin on 27th April 2006

Paternity testing is required in some states after a child is born or even before that. This ensures that the child will grow up with the knowledge of both biological parents. Every child deserves this. Whether they were conceived in or out of wedlock, the child should have the option of knowing the truth of where they came from. Paternity is the first step. Visitation, custody, and a child support order then follow. This gives every child equal advantage at his or her life.

In the best interest of the child, a court may find reason to order paternity to be established. This can be done if the father will not sign a voluntary agreement or contests the results of a genetic test. A blood test can be done if this happens. While in court, the mother will have to provide details to the relationship with the alleged father. This also includes the pregnancy and birth. Questions may be asked about the financial contributions made by the father. They may ask if he has ever admitted that he was the father or if there are pictures of him and the child together. Living arrangements between the two could also be discussed. Some states look at simple facts. If he acted like a father and supported the child, then he is the father. This means even if he is not the biological father, he has a responsibility to the child until 18 years of age. The mother should have all the information she can about the alleged father. This includes his name, address, and his details concerning his job. Information from others, including his family, may also be used in court to prove paternity.

If the father in question fails to appear in court he may become the father by default. This is why these tests are important. If you show your face in court, a paternity test (prueba de paternidad) can be done and answer the question appropriately. You may not have to care for a child who is not biologically yours. Some fathers may even continue to support a child not biologically theirs if they have been there since day one and no other father is available.  Every state will have individual laws for paternity. In Arizona, when you request paternity or the state orders it, a child support will be close behind. These two go hand in hand. Also, the courts may seek reimbursement from the non-custodial parent for state assistance. They may require payment for the birth of the child as well as the expenses afterward. Whatever your case may be, establishing paternity is important.

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When the Father Refuses Paternity Testing

Posted by admin on 27th April 2006

A father’s presence is vital to a child’s upbringing. A paternity test (prueba de paternidad) is necessary to show the father his biological responsibility. This should help lead to an established relationship with the child with the hopes that the relationship will last a lifetime. The father in question should be given a chance to acknowledge paternity. Once the test is complete the answer will speak for itself. This will give sufficient information for a complete medical history of the child, as well as benefits and money for the future.

There may come a time in your search for paternity when you are met with a refusal from the father to even take the test. The mother does have options when this occurs. The case can be taken to court where a judge can order a paternity test. This order is to be taken seriously and must be carried out. In some cases, if the alleged father fails to appear in court, he becomes the father by default. A paternity test may not be needed. The father would then be responsible for support of his dependant. The father does have equal rights in court. He is responsible to present his side of the case. This includes why he feels that he is not the father. The mother must show significant proof as to why she feels he is the father. Sworn statements and testimony are a part of this process. The topics can range from subject to subject, but be advised that a relationship between you and him must be proven. The relationship would have had to have been sexual seeing as how paternity of a child is involved.

When the alleged father questions or denies paternity, a genetic test will be ordered. A blood test is usually how this is done. The party may have his reasons for denying paternity. A valid reason could be that he was told he wasn’t the father. When a mother does not no who fathered her child this can raise concern for the alleged father if he believes two or more men may be involved he should alert the judge. The courts can take proper actions for this to be handled. Children are brought into this world by two people. Both then become responsible for that child. Every aspect of life for the child becomes what a parent makes of it. One parent can deny their involvement, but no one can fool a DNA test. These tests are effective and highly accurate. The child is most important and a judge will clearly see that. Whoever is responsible will pay.

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What Makes a DNA Test Admissible in Court?

Posted by admin on 27th April 2006

DNA tests have been used in a great number of court cases. In paternity suits, these tests have become the number one solution to a very simple question. When there is an alleged father in doubt of whether or not he is a biological parent, a paternity test will clear up any confusion. The tests are subject to approval in court. Make sure to follow the guidelines to avoid a disappointing verdict in your case. The guidelines must be followed exactly to make sure the tests are admissible in court.

First of all, the DNA test has to be legitimate. The American Association of Blood Banks must stand behind the test. Online versions of these tests can be ordered and may be used if the court allows. Some judges do not allow them. Many people feel that these tests are the easiest. They can be taken in your own home. You have a sense of privacy. They also can be cheaper. All test materials are handled by you and they need to be handled in a professional manner. Any test envelope submitted to court can not be tampered with. If it is open or shows signs that the results have been altered in any way, the court will not respect it and the test will be thrown out. When using an at home DNA test, there is a rule that must always be followed. A witness must be present at all times during the test. They must be a neutral third party. This witness must have no interest or initial ties to the reason for testing. This person must be of legal age or have a guardian present if they are a minor. Documents that are acceptable to prove legal age of the witness are a recent photo, military id, state issued id or a driver’s license. Photos have to be taken during this process. These photos must then be signed and dated by the witness.

Before appearing in court with your results, make sure you know your state’s required percentage. This number has to be exact for a court to consider your test admissible. All states have different requirements and this information can be accessed on the internet or by contacting the Department of Human Services in the state you reside in. For example, Texas has one of the highest rates. It is at an astounding 99%. That means the DNA test must have that percentage or it is not admissible in court. This test is a very important step for the welfare of your child. They must be administered with the utmost respect and seriousness. This may be your only way to prove paternity.

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What is DNA Testing?

Posted by admin on 27th April 2006

Before we can talk about DNA testing, let us discover what exactly DNA is. DNA is the abbreviation for Deoxyribonucleic Acid. Way back when, fingerprints were the ultimate sample of DNA. They were the only way to identify a person. Now almost anything can be used as a sample. That includes saliva, teeth, semen, and even bones. This narrow, thinly shaped piece of evidence is often used in criminal cases as well as paternity. All humans and animals possess DNA. One single hair can determine who you are if that is what the question is. 

DNA testing has given forensic science an upper hand. It is commonly used today in many court cases. This method of testing is very sensitive. Accuracy of this test depends on the collection process and the specimen’s condition. It has a great ability to find small amounts of DNA in any situation. Overtime, specimens collected can last and are able to hold up in a harsh, unpredictable environment. The downsides to this form of testing are pretty general. A laboratory is used for processing the samples. The laboratory can be a bit pricey. The processing can be slow, but is faster than the methods used in the past. 2 to 3 days may be all the time you need for accurate, reliant results. When DNA testing is used, a laboratory may keep a database for periods of up to ten years. These databases can include all crime offenders or may be sub categorized for easy finding. DNA testing can also play a part in testing urine for traces of illicit drug abuse.

DNA tests are the most advanced test for paternity or maternity. Each parent gives 23 chromosomes to their child. These are later used to determine paternity. These tests may be preformed before a child is born. A chorionic villi sample may be taken at 10-13 weeks. Amniocentesis can be done between 14 and 24 weeks. A blood test done on the parents will determine paternity. A cotton swab test is the most common test performed after a child is born. Each parent, the one known and the one in question are both tested. The child is as well. For the best results, all tests should be done on the same day. The cheek swabbing is what most prefer to a blood test. The procedure is non-invasive and painless. As you have read, DNA testing is vital to everyday life, even more so when questions need to be answered. The longer you wait for answers, the more doubt may consume your thinking. When you wish to provide answers to a fatherless child or a victim of a serious crime, look no further than to DNA testing. It is a sure fire way to flawless result.

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Texas Paternity

Posted by admin on 27th April 2006

Anytime paternity is in doubt someone is going to get hurt.  The mother of course but also the husband who may find out he isn’t the father of the child or the ex-spouse that denies the child, of course denying a child you know is yours is hurting more than yourself.  There are ways to determine the paternity though in Texas, the court system is setup reasonably to handle it.  First and foremost a lawyer should be sought for this sort of situation.  They will be able to go in detail for every single minute detail about the case you are presenting. 

A mother, father, or a person claiming to be the father of the child may bring a suit to court to file for paternity on a child.  During this suit the court will do the best it can to determine the paternity of a child.  Usually these suits are brought because 2 or more people could possibly be the father to a child and both deny it.  The court will try to bring the parties to an understanding, if no understanding can be met, the court will issue a blood test be given to find the paternity.  The parties involved will absorb the cost to their already high court bill. After the blood test the paternity will be revealed and then the father can setup visitation, custody, and child support.  The child’s last name will also change to that of the father’s.  Just remember that this process is costly not just to your pocketbook but it could become an emotional rollercoaster.  It’s best to do this when the child is young and won’t remember the heartache. 

During the court process you may become overwhelmed if you don’t have the services of a lawyer, so make sure that is always first on your list.  If the child is older you need to make sure to focus on them throughout this process, you probably can’t imagine what they must be going through.  This is another reason that even if you have problems with the father of your child sometimes its best just to leave the situation alone, if it’s manageable.  The child is going to be going through enough in their head without being in a courtroom while his mom and dad are fighting each other.  Keep all this in mind before you make any action, consult a lawyer first to check your options and always focus on your child first.

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Pennsylvania Paternity

Posted by admin on 27th April 2006

In Pennsylvania, when a child is born out of wedlock there is no legal father. If the father wishes to be the legal father of the child paternity must be established. Before the father’s name can be placed on the birth certificate in these cases paternity must be established.

To prove paternity in Pennsylvania both parents can sign a form called “Voluntary Acknowledgment of Paternity.” If both parents in fact sign this form there is no need to go to court to establish paternity. If you do wish to receive child support you must talk with the people at the Domestic Relations Office and show them the form that you both filled out. You can find these forms at hospitals, birthing centers and at the county Assistance offices. At any of those establishments they will be more than willing to help you fill out the necessary form. You can also contact the Bureau of Child Support to find a paternity establishment form.

A paternity establishment document for the state of Pennsylvania is important in many ways. After you have proven the true biological father, you will then be able to locate important and sometimes vital medical records concerning the father of your child. This may be very important in a life threatening situation for your child. You can also receive child support and health care coverage from the legal father of your child. This lessens the financial burden on you. If the biological father becomes disabled or in the event of his death your child may be able to receive Social Security benefits if paternity has been proven. These are just a few of the benefits that you may be losing because paternity has not been established.

If the alleged father will not admit he is in fact the father of your child, you can file a petition with the help of the county Domestic Relations Office. They will arraign for a petition to be filed and request a child support order to be put into place. A support conference will be held where you and the alleged father will be present. The alleged father at this time can admit to being the child’s father or deny your claim. If he denies the claim, the court can order a genetic test to be done. After the test is given, if the alleged father is the declared the legal father by the test, then paternity is established. Now, you will posses legal proof he is the father of your child. You will then be able to receive child support and the father will be able to decide on his own parental rights.

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Paternity Law

Posted by admin on 27th April 2006

Paternity laws are enforced to protect children. They ensure the full support of a child by both biological parents. A child has the right to know of his or her own roots. When paternity is established, the child can learn of other siblings and their family history.  Paternity is often referred to as the state of fatherhood. This is saying that the opportunity is there to find the child’s real father. Maternity can also come in to play in some cases. If the alleged person is proved to be a biological parent, through DNA testing, then that party is responsible for their child. Child support and custody are closely examined and decided in the best interest of the child. Paternity laws differ from state to state. There is one common goal between them though. They all want children to grow up in the best possible way. The states want children to know their biological parents if that is at all possible.

Paternity benefits the entire family. Voluntary paternity is the easiest way to establish paternity. It is a form of legal documentation that has the same credibility as one issued by the court. It does not need the court to get involved though. This affidavit can be obtained at the hospital once the baby is born. When the document is signed both names must appear on the birth certificate. This is also the time to give our newborn his or her father’s last name. Be completely sure that you are the father before signing. If there are any second thoughts, then a genetic test needs to be done.

With this form complete, child support can be ordered. Paternity is legally established. Legal custody and visitation are not. Agreements on both these issues can be made between parents. A verbal line of communication can start to be enforced. Handling these issues between each other can be easier on all parties involved. This will save both parents time and money. Both time and money can be used elsewhere and not be tied up with court system, if an agreement can not be reached, the courts will step in and settle all disputes. The court will decide what is in the best interest for the child. Paternity should be established at all costs. Knowing who the father is will help to ease the uncertainty you may encounter. It will help you to devise a plan for the future of your child.

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Paternity in the Military

Posted by admin on 27th April 2006

The rules for paternity in the military are the same as they are for civilians. The obligation for children is quite simple. Supporting the child is priority number one. A paternity test needs to and should be done. They can even be done while the father is overseas. The difference between dependants born to a military parent and those who are not is that those who are may qualify for benefits from the government.

A hearing might be set up in which the father must attend. He may be granted leave for his appearance in court to discuss paternity and/or child support. Commanders have no authority to order military fathers to participate with genetic testing. It is one hundred percent up to the father, unless a court order is issued. Members of the military do go through basic training. They also might have to participate in advanced training at some point.  Those two cases might cause the father to not have the ability to appear in court. If the military member leaves and misses any part of training, the training will have to be repeated. In the initial meeting with the father, after news of an order to establish paternity is delivered, an Affidavit of Parentage will be used. Records of any paid past child support will be obtained. If no support order exists then this time will be used for that. Three copies of the document are made. All are signed by both mother and father. Each parent receives a copy.

After all paperwork is read and signed, one copy is sent to the vital statistics agency in whatever state you reside in. At this time a voluntary military allotment may be enforced. This refers to the amount of a soldier’s pay that is set aside to provide support for their dependant or dependants. Military members do have the ability to amend or stop this payment at any time. One copy of the allotment document and one copy of the voluntary support agreement are signed and sent to a finance officer. After the paternity test has been completed and all documents are sent off, a military id can be issued to the dependant. Only will the child obtain this id if they are biologically linked to their military father. This id qualifies the child and even the entire family to receive medial benefits. All children reserve the right to a DNA test and no parent is eliminated from having to participate, despite their status or location.

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Ohio Paternity

Posted by admin on 27th April 2006

Sometimes the matters of birth gets complicated and people need advise on what kind of legal actions they can take for certain situations.  These should always be sought out from a lawyer or a court official who can give you detailed information regarding your question.  If you trying to establish paternity in the state of Ohio, you may find the easiest and quickest way is with a paternity test. The test is very accurate and is often given by a court if the paternity hearing is sought.

If you know that you are the father or have little doubt you can sign the Paternity Acknowledgment to put your name on the birth certificate as the father if no father is listed.  It also allows you to go to court easier and file the papers to acknowledge you are the father and if you are not living with the mother you can setup visitation rights and child support.  The last name of child will always be the father’s last name also, so if you are acknowledging that you are the father then the child will take your last name, unless the mother goes to court for a name change. 

If you run into the situation of another man being on the birth certificate that is not the true father then you have to go to court to file the motion for that to be changed.  The real father can’t just sign the paternity acknowledgment to change it; the court will rule on the case and decide what should be done.  Usually if a paternity test shows a different father you can have them change the birth certificate, the child’s name will also change if this criteria is met.  If you are married and believe you are not the father after the fact then you will have to go to the court to have it sorted out.  A married woman’s husband is always assumed to be the father unless it is challenged.  You will then take a paternity test to prove or disprove the fact, but if you haven’t been married for 300 days though you will have to sign the paternity acknowledgement sheet for paternity rights to the child.

The paternity acknowledgement will give you the parental rights that you deserve as the biological father. You will be responsible for child support and can petition the court for visitation rights and even custody if you believe that your home would be more suitable for the child. But, do not file for custody if you are only doing it out of spite.

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