Understanding Paternity Issues
A man is presumed to be the father of a child if:
- The child is born during the marriage and the man is married to the child’s mother
- He is married to the mother of the child, and the child is born before the 301st day after the date the marriage is terminated
- He believes he married the mother of the child before the birth of the child, in apparent compliance with law, and the child is born during the invalid marriage or before the 301st day after the date the marriage is declared void
- He married the mother of the child after the birth of the child in apparent compliance with law and voluntarily asserted his paternity and: (1) the assertion is in a record filed with the Bureau of Vital Statistics, (2) he is voluntarily named as the child’s father on the child’s birth certificate, or (3) he promised in a record to support the child as his own
- During the first two years of the child’s life, he continuously resided in the household in which the child resided, and he represented to others that the child was his own
This presumption may be rebutted by filing a valid denial of paternity in conjunction with the filing of a valid acknowledgment of paternity by another person or an adjudication by a court. Courts must order a child and other designated individuals, such as potential fathers, to submit to genetic testing if the request is made by you in a proceeding to determine paternity. However, you may be able to challenge an acknowledgment or denial of paternity, but may do so in very narrow circumstances.
Protecting Your Rights In Paternity Matters
We are experienced in helping individuals protect their rights throughout proceedings to determine parentage. Hiring an experienced attorney is necessary to ensure you are protected throughout the paternity process.