Archive for the 'Paternity' Category

Colorado Paternity

Posted by admin on 27th April 2006

Colorado paternity is similar to other states. Voluntary orders or court orders are used to establish paternity. This depends quite a bit on the situation. If both parents are willing to participate, the process may go a lot smoother. If not, then a long road is ahead for you and possibly your children. Paternity is very important to a child and it can benefit them in their future.

In Colorado, the state is considered to be gender neutral. However in reality this is not the case. The courts do give mothers an upper hand when it comes to deciding custody. Mothers tend to be homemakers and are able to stay at home with their children. This makes mothers highly accessible to the needs of their children. If they do work, their jobs have more flexible schedules than the fathers. Fathers are considered the primary wage earners therefore their job is considered more difficult. Family sometimes takes a backseat to their work. The age of a child plays a significant role too. Judges find it difficult to place a young child away from their mother. The separation is deemed unhealthy. Not to say that fathers are not capable, but a caring, nurturing bond is attributed more to a mothers care. Colorado is moving towards parenting of equal time. We will have to wait for that change and hope for the best results.

There are two common ways to establish paternity. One way is voluntary. This requires a document to be signed by both parties. The other way is when the father denies paternity. A court date will be enforced in which both parents must attend. A judge will decide all the matters concerned the child and his or her care. Custody, support, and visitation are among what is to be discussed. When an alleged father is found to be the biological father, he has to support the child until the age of 19 or if emancipation is granted by the court at a younger age. The courts do not allow either party to waive child support. They prohibit the use of child support for items that are necessary for a child to live. Diapers and toys are not considered as part of child support. Money given directly to the child from the parent is not considered support either. These are needs and wants expected by parents to be administered for their children. Once a child turns 19 the parent that was ordered to pay child support has to officially stop the order. This is the parent’s obligation, not the courts. Children must be cared for in every way possible. This is a lot to consider when considering having them or not. Once a baby is born, they are your responsibility forever. There is no turning back.

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Can I Terminate My Parental Rights?

Posted by admin on 27th April 2006

When it comes to children, every parent has rights and obligations. They are responsible for the welfare and well being of that particular child. In some cases, parents do give up these rights. It is possible to do, but is almost always the last resort. Courts are not in favor of this act. Keeping families together is their priority. These rights must be signed over by both parents for adoption and the rights can also be taken away if a court sees you as an unfit parent.

The first step is to file a petition to the court. You will need to include your name, birth date, and residence. The same information should be provided for your child. Facts or reasons must be listed for wanting or needing to terminate your parental rights. A valid reason is not that you do not want to continue to pay child support. The court will want to ensure the child will have a responsible party to reside with and make sure all the needs of their life will be taken care of. You must provide proof of this. Without this information the court will not grant your request. When your rights are terminated this means all contact is lost with your child. You are not allowed to obtain any information about them. No contact through mail or by phone is allowed. You can keep a profile updated at your local DHS. This will give your child an opportunity to look you up in the future. Before giving up your rights completely, you can contact your local Department of Human Services. They can provide temporary living arrangements for your children with family. This will give you time to get back on our feet without making a decision you may regret later on.

Your rights may also be terminated against your will. The courts oversee this and will make the final decision. You have the right to a trial. This will give you a chance to plead your case. You can always agree with the court and show reasons why their idea of terminating your rights is best. A list of reasons why you do not wish to give up your rights is also an option for you. The reasons for involuntary termination can range from being in jail to child abuse. Abandonment and neglect are also on this list. If a temporary solution is made to help you correct the problems you have, such as drug abuse, and you fail to correct that, you are in violation. Your rights may be forever terminated. When it comes to your children, do your best. Do not be afraid to ask for help and do not give up. They are forever your responsibility.

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Arizona Paternity

Posted by admin on 27th April 2006

Paternity laws vary from state to state. Visitation and custody laws may also be different. The same objective for all states is true though. All babies have the right to know two parents and their two stories. Each child deserves to build and maintain a relationship with each parent and all of their relatives.

Paternity tests can be done until the child reaches 18 years of age in Arizona. In some case, maternity tests are done to prove biological motherhood. Forms are available on the day your child is born. A birth certificate may be signed at this time. The father must be present during this process. This certificate alone, in Arizona, does not complete the paternity process. To obtain these documents anytime after delivery, contact your local DHS. Through Arizona law, sworn statements must be provided to that office. Once these statements are filed, both names of the parents can be added to the birth certificate. A genetic test, usually a blood test, will be used to establish full paternity. The filed document for this test must be first agreed upon with the clerk at your local offices. Testing must be done accurately and then is taken to a clerk of the superior court. The clerk signs the document and it becomes official. A signature from the clerk is just as effective as a signature from the superior court judge.

The state of Arizona recognizes paternity in marriage. When a child is born to a married couple, the husband is presumed as the father. This is acknowledged even before a DNA test is required. If the mother was married 10 months before the child was born, the husband is also considered as the father. Voluntary paternity can be used for marriage if the husband agrees that another man is the father of the child. When a child is born to a single mother, the courts can become involved. Either parent can file a document to start a court case. This action can take place during pregnancy. Complaints can be filed to a clerk stating information, including names and social security of all parties involved. You must also include information of who is presumed as the father. The documents are then served to the other parent with a court date set and a chance for that parent to respond. Genetic testing is then ordered through the court determining paternity once and for all. Judges may also order for past child support to be paid. This can also include doctor’s bills and the cost of delivery incurred pre labor. Paternity tests in Arizona must be 95% positive for a court to take into consideration. After it is recognized, you will be on your way to helping your child live a full a happy life.

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Alabama Paternity

Posted by admin on 27th April 2006

In Alabama, paternity is very important. The age of majority in Alabama is 19. Up until that age, parents have every opportunity to receive child support from a non-custodial parent. Every resource is also available when you need it. Contact your local offices concerning paternity and support issues. Help is available in locating an alleged parent and pursuing them for future and past child support. There are 3 types of ways to establish paternity in Alabama.

The first type is called uncontested consent process. This is similar to voluntary paternity. Both parents must agree that the alleged father is truly the father. This form is available at the hospital. After the delivery of your child an option is guaranteed to be given to the mother and father. If you wish to establish paternity this is a simple, fast way. You do not have to sign at this time. In the future these forms can be picked up at your local Department of Human Services. The Affidavit of Paternity, as it is called, creates legal paternity. Then an obligation of child support can be started. A trip to court may be in your future once you begin to pursue this. Administrative process is the second way to establish paternity. Your local DHS office can order genetic testing for you and your family member that is in question. There is no need, at this point, to involve the courts. Once a test has received its results, a 97 percentage total must be the number in which a judge will accept the test. He will then establish legal paternity and address what should be done with matters concerning the child.

Lastly, there is contested judicial process. When a father refuses to acknowledge paternity after genetic testing is done, this is the necessary action taken. Mothers also can cause disruption during this time. When parents refuse to cooperate with genetic testing, it gives the courts no choice but to get involved. They take matters into their own hands. If a marriage is in effect around the time the birth of the child occurs, then the husband is to be deemed as the father. This only holds up until paternity is established. Once it has been the mother has custodial rights. A father has the right to know his child and has the right to be around. Whether it is that the court rules in the mother’s or father’s favor, the concern is about where the child would be raised better. Whoever has custody should use that as a building block to encourage the non-custodial parent to step up and play a major role in their child’s development.

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Posted by admin on 27th April 2006

Paternity is often a big issue in a divorce trial.  It deals directly to child support issues and is often used as a threat to the other party to make them give in other areas.  This is harmful to both sides of the parental relationships with the child.

Paternity testing is a major United States industry.  Thousands of paternity tests are performed each year.  It can become an asset for both parents and for the child.  The test can be performed easily and the results known in a short time.  Paternity benefits the child because it gives them support from two parents.  The child has legal documentation of who his parents are and access to family medical records.  Proof of paternity can help with medical and life insurance coverage, protection of inheritance, social security, and veterans benefits.  There is also an emotional benefit to both parents and child.

Both parents declaring the man as the legal father sign a declaration of paternity.  Both parents sign this voluntary document.  It legally shows him as the father and his name will be placed on the birth certificate.  It allows him privileges of a parent especially in regards to adoption if the birth mother decides she doesn’t want to keep her child.  Declaring paternity gives the man the opportunity to claim the child and have a say in an adoption proceedings.

The mother can also benefit from a Declaration of Paternity.  It helps her with the financial load and emotional support that single moms experience.  It also can offer her insurance coverage for the child if available, help in sharing responsibilities and information on the father’s family medical history.  A Declaration of Paternity can be dismissed if a form is filed with the Department of Social Services within 60 days from the date the original declaration was signed to rescind the Declaration of Paternity.
Paternity samples can now be done in the home and completed within a few days.  DNA samples can now be taken by using swabs of the cheek cells in the mouth.  The laboratory compares the DNA profiles of the mother, father, and child and then can discover the relationship between father, mother, and child.

DNA samples that are to be used in court needs to be properly documented and chain of custody established.  Only properly documented DNA tests can be used in court.  Home paternity tests are not admissible in court.

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