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Archive for the 'Paternity' Category

North Carolina Paternity

Posted by admin on 27th April 2006

Paternity testing is a sample of blood or a sample of saliva taken from the alleged father, mother and child to find whether or whether not he is the father. Methods that can be used are a sample taken from the mouth by using a swab for DNA (Deoxyribonucleic acid) or just taking a sample of blood which carries genetic history through DNA.

Paternity is used to give a child proper identifications. It is also used to see the health of both mother and father to give the child proper medical treatment. Paternity can be used for veterans’ benefits, social security, inheritance and health insurance. Every state has different laws for paternity testing.

For the state of North Carolina, both parents can file for paternity testing, even the child when he or she has reached the age of maturity. All would have to file a court proceeding to get a paternity test. Paternity testing can also be ordered by the courts themselves if they have probable cause.  When the child is born an unwed father can sign a paternity acknowledgement to say that he is the father of the child, whether he is or not.  This is just for child support purposes only and grants the mother of child custody.  To file for paternity for a child out of wedlock you must fill out several documents with a court or sign the paternity acknowledgment.  This will give you right to file for visitation rights.  If you are married then the father is presumed to be the husband.  Some states are amending this since it’s becoming more common that the husband isn’t the father of the child.

The best thing to do if you are an unmarried couple is to have the father go to the courthouse to fill out the documents there, that way you have more rights when it comes to establishing visitation rights and custody.  If the alleged father refuses to sign any documents stating that he is the father they can be taken to court for a ruling.  If there is any doubt a paternity test is given to make sure.  This helps protect the mother and the alleged father.  Some times a woman will give birth to another person’s baby and say it’s their husbands or boyfriends since they may deem them more fit to be a father, either for monetary purposes or just instincts.

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New York Paternity

Posted by admin on 27th April 2006

In New York as long as the child is born to married couples, the husband is presumed to be the biological father. The other two ways in which paternity can be established in New York is the proper filing of an acknowledgment of paternity and by the order of the court.

If the husband in a marriage does not believe he is the father of the child he also has rights and can file for paternity tests through the court. He should not sign any papers agreeing to be the father and should talk with an attorney to find information concerning his legal rights and how to proceed.

When it comes to the court proceedings to determine paternity, the parents have an option to agree with an order of paternity. When both parties agree to the fatherhood, no other testing needs to be done and the alleged father now becomes the legal father of the child. This is a very hard order to fight later on down the road if either parent changed their mind about parentage, unless through genetic testing the true biological father is found.

If either party does not agree that the alleged father is the biological father, the court can order DNA testing to be done. Then the parents will be able to have the option again to agree with an order of paternity or ask for a hearing if they disagree with the order to be tested. If the test results come back with a 95% probability New York presumes this man is the biological father of the child. The alleged father can still fight this in court if he has evidence that he could not be the biological father.

Just because a DNA test is done, it can not show 100% proof that the alleged father is the biological father. But, trying to fight these findings can be very hard to disprove unless the alleged father can prove he was no where in the area to be the father or if he is sterile and was sterile at the time the mother became pregnant. Trying to disprove paternity after a 95% percent probability can also be very expensive.

If the alleged father has already stated in other court documents or proceedings that he is the father then he will not be able to deny paternity. Even his actions and statements of being the father can hold him legally responsible for the child.

In order to file a paternity case, the Statute of Limitations states under Article 5 is any time while the mother is pregnant, after the child is born up to age 21 unless he has paid support or has acknowledged paternity.

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New Jersey Paternity

Posted by admin on 27th April 2006

Before the state of New Jersey can intervene and determine the paternity of a child an allegation of paternity must be made. This allegation can be made by the mother of the child; the custodial parent if not the mother, the man that believes he is the father, or the child.

After this has been done, the process will begin sometime during the next 90 days after finding the whereabouts of the alleged father, if he was not the one that filed the allegation.

If there is more than one man listed as possible biological fathers the Office of Child Support and Paternity Programs will begin to start the proceedings against each alleged father. The only way he can be taken out of the proceedings is if a genetic test proves with 95% percent accuracy that he could not be the father, or if the court decides he could not be the father of the child. The Office of Child Support and Paternity Programs also have a paternity program where a father can sign a Certificate of Parentage. This certificate is a legal and binding and has the same effect as a judgment from the court when it comes to paternity. When this certificate is signed the man is then the legal father of the child and must meet his responsibilities due the child financially. If this acknowledgment is signed by the father, he is not automatically placed as the father on the birth certificate. The parents must ask that his name be placed on the child’s birth certificate.

The mother and alleged father both have the right to ask for genetic testing before signing the acknowledgment, change their minds within 60 days of signing the acknowledgment, and after signing the alleged father is now responsible for child support, health care, and the Office of Child Support and Paternity Programs can modify and enforce child support issues. The father’s medical history may help the child in later years if any problems occur with the child health, so knowing the true father may help to save a child’s life.

If both parties can not agree on the fatherhood of the child genetic testing can be ordered by the court. The requirements for genetic testing in New Jersey include: the test will be done by a state approved company, if the test results show 95% probability or higher this man is presumed to be the biological father.

If a couple are married and the mother claims that her husband is not the biological father to the child, and then a paternity for the child must be established. The husband can sign an affidavit denying paternity and that allows the biological father and mother to sign a certificate of paternity and then the biological father is then responsible for support.

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Michigan Paternity

Posted by admin on 27th April 2006

Unlike most other states, Michigan law states that Paternity Acknowledgment is a way that an alleged father can be recognized as the child fathers, but this acknowledgment does not establish legal court recognized paternity. But, it may show custody without due process.

In Michigan, the way most popular and common ways in which to show paternity is by the acknowledgment form and filing a legal document with the court stating that you are the father, as long as the mother does not object. Even if you are the child’s birth certificate, that does not automatically deem you the child’s father.

If you need to show proof that you are the father of the child because you wish to be a part of the child’s life, pay child support, have parental rights and visitation rights you may have to file a paternity suit. The suit must be filed in the family division of the circuit court in the county in which the mother and child live. If you are the mother seeking to prove the fatherhood you must do the same. If the alleged father does not live in the same county as you can your child, then you must file the suit in the county in which he lives, or state in which he lives.
 
The person that files the case has the burden of showing proof. They should have information regarding as close as possible, where the mother became pregnant, when the mother became pregnant, that the mother gave birth on a certain date, that the child was born out of wedlock, and that the alleged father is the biological father of the child.

Under the Michigan Paternity Act, a case can be filed while the mother is still pregnant or at any time before the child reaches 18 years of age. If the alleged father is in fact proven to be the biological father the child through genetic testing an Order of Filiation is entered. This order must show support of the child, the reimbursement for all medical expense during the child’s birth, health care insurance, and support for the time prior to the order.

The mother of the child can not refuse any support or financial assistance from the father. If both parents wish to compromise the agreement must include the support and education of the child and the court must approve this agreement. The best interest of the child will be determined by the court.

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Massachusetts Paternity

Posted by admin on 27th April 2006

It is presumed in most states that if a couple are married the husband is the legal father of any children born during the marriage. But, when a couple is not married the child has no legal father. So, now comes paternity. Paternity just means the legal father of a child.

You may now be wondering how you can show proof that the alleged father is the father of your child and should step up and take on his responsibilities as a parent. You could also be the father and wish to have your share of parental rights and are afraid that the mother may not allow you to see your child.

If both parents are in agreement to the fatherhood of the child and they are not married they can show paternity in three different ways that are very simple. At the hospital when the child is born, both parents can sign a Voluntary Acknowledgment of Parentage. If you sign this form while you are still in the hospital you will not have to pay any type of fees. At the City or Town clerk’s office you can also sign a Voluntary Acknowledgment of Parentage. This form will be notarized and they may charge a fee. If neither one of these options can be met, you can fill a Voluntary Acknowledgment of Parentage any time by filling out the form, and mailing it to the Registry of Vital Records and Statistics. There is a $25 fee that should be sent with the form. In this last way, the form can be sent at any time during the child life.

After, this form is filed, there is a type of grace period before it becomes legal. This is the time that if either parent decides the father is in fact not the biological father of the child; either person can file in Probate and Family Court to have the acknowledgment rescinded. When the 60 days are up, the father becomes the legal father of the child and must pay child support, has parental rights and will be able to visit with the child. After the 60 days grace period, a person can still question the parentage up to one year, but you will need a very good reason and will more than likely have to undergo a paternity test to prove otherwise.

A paternity test can be done by either blood test or DNA testing. DNA testing is really very simple and pain free. A cotton swab is used to extract saliva from the alleged father, the mother and the child. You can also ask the court for a paternity test before you sign any type of parentage agreements.

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Maryland Paternity

Posted by admin on 27th April 2006

As each state has their own set of laws governing paternity it is wise to find out the state laws before you find yourself without any type of support for your child or you find out you have to pay child support for a child that is not yours.

In Maryland, the law is pretty simple. If a child’s parents are not married the child has no legal father. You will need to prove who the father of your child is before you can receive any help in rearing your child. The first thing you can do if the father is present at the birth of the child is to get him to sign the birth certificate, or a form called an Affidavit of Parentage while you are still in the hospital. If he does not sign it while you are in the hospital you can take a copy with you and have him sign it and mail it to the Division of Vital Records. If you decide to do this at home, each parent must sign the form in front of a notary before mailing it in. The affidavit can be signed at anytime after the birth but it is best to send it in as soon as possible after the birth of the child.

Signing the affidavit is of course up to you. After you have signed the affidavit, the document becomes legal stating you are the parent after 60 days of signing the affidavit. After the 60 days, you no longer have recourse to rebuttal unless you can show in court fraud, duress or a material mistake of fact. This can be very hard to prove unless you agree to DNA and blood tests.

If the father is not around, you can still prove he is the father. The Department of Social Services will be able to help. They will need some information from you regarding his last known address, any letters he has written acknowledging he is the father, etc. They will locate him and if he signs the Affidavit of Parentage, that is all that is needed. If he contests his parentage, the court can order a paternity test to be given. With this test you will only need to provide a saliva sample from yourself and your child. The court will ensure that they get a sample from the alleged father.

After paternity is proven you can then begin to receive child support for your child. If you have been receiving any form of financial aid from the alleged father and he is proven not to be the father you may have to pay him back any money you have received.

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Illinois Paternity

Posted by admin on 27th April 2006

We all know how important it is to be a parent and step up to the responsibility that goes along with parenthood. But, many women that give birth without being married need to state who the father is, so they can receive help in raising their children. Other times, men want to prove or disprove they are in fact the father of the child in question. Just because two people are married to one another does not always mean that the husband is in fact the father of the child. There are many cases now, where the husband has found out years later that he has raised a child that was not his own. And many times, the father listed by the mother is not necessarily the biological father of the child.

Whether you are the mother wishing to prove paternity of your child or you are the alleged father wishing to disprove or prove paternity you will need to pay close attention to the law in your state as to the laws that determine paternity. You may find out, it is too late, if you are not the father, to prove that fact. And you will still have to pay child support for a child that is not yours.

The Illinois Parentage Act of 1984 states for “Presumption of Paternity”, the following must be true.
Be married to the mother at the time of conception or birth of the child
If you and the mother are married after the child is born and you are on the child’s birth certificate as the father.
If you and the mother of the child have signed an acknowledgment of paternity

If you intend on reputing the fact that you are the father, you have only 60 days after signing the acknowledgement of parentage.

The best time to state that you are not the father is as soon as possible. Many states are not up to date with their laws on paternity and fathers are finding out too late that they are in fact not the father and they are still paying child support after they learn the truth.

You can file an order with the court for blood tests and DNA testing to prove or disprove your parentage to the child. Just because a woman states who the father is on the birth certificate does not actually mean this is the truth. If you know you are the father of the child and you want your parental rights you can ask for test to be done, so you can have rights to see your child. If you do not believe you are the father, even if you are married you can also petition the court. But, you should seek legal counsel before the child is born and you name is placed on the birth certificate as the father.

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Illinois Paternity

Posted by admin on 27th April 2006

We all know how important it is to be a parent and step up to the responsibility that goes along with parenthood. But, many women that give birth without being married need to state who the father is, so they can receive help in raising their children. Other times, men want to prove or disprove they are in fact the father of the child in question. Just because two people are married to one another does not always mean that the husband is in fact the father of the child. There are many cases now, where the husband has found out years later that he has raised a child that was not his own. And many times, the father listed by the mother is not necessarily the biological father of the child.

Whether you are the mother wishing to prove paternity of your child or you are the alleged father wishing to disprove or prove paternity you will need to pay close attention to the law in your state as to the laws that determine paternity. You may find out, it is too late, if you are not the father, to prove that fact. And you will still have to pay child support for a child that is not yours.

The Illinois Parentage Act of 1984 states for “Presumption of Paternity”, the following must be true.
Be married to the mother at the time of conception or birth of the child
If you and the mother are married after the child is born and you are on the child’s birth certificate as the father.
If you and the mother of the child have signed an acknowledgment of paternity

If you intend on reputing the fact that you are the father, you have only 60 days after signing the acknowledgement of parentage.

The best time to state that you are not the father is as soon as possible. Many states are not up to date with their laws on paternity and fathers are finding out too late that they are in fact not the father and they are still paying child support after they learn the truth.

You can file an order with the court for blood tests and DNA testing to prove or disprove your parentage to the child. Just because a woman states who the father is on the birth certificate does not actually mean this is the truth. If you know you are the father of the child and you want your parental rights you can ask for test to be done, so you can have rights to see your child. If you do not believe you are the father, even if you are married you can also petition the court. But, you should seek legal counsel before the child is born and you name is placed on the birth certificate as the father.

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Georgia Paternity

Posted by admin on 27th April 2006

Every state has there own laws in effect that state how paternity is determined. But, there are other circumstances that are not covered such as children born out of wedlock. When this occurs and the mother wants to prove who the father is of her child, or the father desires to prove he is the father then other measures must be taken.

Many mothers wish to prove paternity, so they can receive financial support from the father, while fathers wish to be a part of their child’s life. When these issues arise, the court must be involved. When a mother files an action to obtain child support from an alleged biological father, and he disagrees with his parentage he can ask for blood or DNA testing to prove that he is or is not the father. A mother can also ask for this type of testing to prove the parentage of her child when the alleged father is not cooperating and does not want the responsibility of being a father.

In Georgia, by law, these are the rules set forth for paternity:
1. If parents are married when a child is born, the law states that the husband is the father, with no questions asked.
2. Parents that are not married at the time of the birth of their child can sign a Voluntary Acknowledgment of Paternity. This record will be put on file and is considered prove of paternity.

When there is a question about the paternity of any child, the court can order genetic testing to be done. Parentage must be proven before you can receive child support, visitation rights or custody. During the case that is proving the paternity, you may ask for child support, visitation rights, and even custody of the child.

If you have doubts whether you are the father, then you need to do something before the court determines child support. If during a divorce, you sign any papers stating you will pay child support, you can not go back at a later date and contest your parentage to the child.

In some cases, if you are the mother and the child has not been born yet, you can still get some temporary help without blood tests. But, be sure he is the father. Because, he can also ask for a blood test and if he is proven not to be the father you may have to pay him any financial assistance that you have received from him.

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Florida Paternity

Posted by admin on 27th April 2006

Whether you are the mother wishing to prove the paternity of the father in order to get them to step up to their responsibility or you are the father wishing to prove the paternity of your child in order to receive legal rights to be a parent you will need to know what you must do in the state of Florida.

You can petition the court to order a scientific paternity test to determine the paternity of your minor child. You can find the form online and print it. You should remember to use black or blue ink only. Before you file the original form with the court clerk, you will need to have the form notarized by a notary public or deputy clerk. Now, you must mail or have the form hand delivered to the person that you are claiming is the father. You can talk with an attorney to ensure that you are following every procedure by the book. They will be able to better advise you of the steps. After you have filed the motion you will have to set a date for a hearing on this motion. When you have the date and time of your hearing you will have to file “Notice of Hearing (General),O” Florida Supreme Court Approved Family Law Form 12.923″. A copy of this will also be mailed or hand delivered to the other person in your case.

What makes you the legal father of the child? In the state of Florida the answers include:

* If the mother became pregnant while you were married to her
* If both you and the mother signed the birth certificate
* If both of you signed a paternity acknowledgement
* If a court order was established for paternity

If none of these describe your situation but in fact believe you are the father and you wish to prove paternity, you can sign a legal document establishing the paternity. If for any reason you or the mother disagrees on paternity you can ask for a genetic test to be done to prove paternity. There are companies throughout the United States that can perform the test and the results are accepted by all courts in the United States. The test is pretty simple and is usually very quick. All that needs done is a swab will be taken of the inside of the mouth. The test results will take around 4 to 6 weeks to complete. Then you will know if you are the true father of the child in question.

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