Family law can always be a contentious area of the law. After all, disputes within the family structure can be ugly and difficult to untangle. This can be especially true when issues of paternity arise.
Nearly 300,000 paternity tests are administered each year to attempt to determine whether a male is an actual father to an offspring. Much hinges on the results of this test. Child custody, child support and alimony, and much more will be dependent on the outcome of paternity tests.
Given the importance of this distinction, when should you hire a paternity lawyer? Is it necessary to hire an attorney for your case? Read on, and we’ll walk you through what you need to know.
Understanding Paternity Basics
In the legal sense, paternity is the process used by a court to determine who the biological father of a child is. Until paternity is determined, an individual would have no official rights or responsibilities as it pertains to a child.
However, once paternity is established positively, an individual might be required to pay child support. They could also argue for visitation or custody rights.
Paternity can often be established outside of the court system. When an unmarried couple has a child, the father can acknowledge their paternity in writing at the time of birth.
If a couple was married at the time of the child’s birth, most states would consider this to be an automatic acknowledgment of paternity. However, if the married couple had separated by the time of the birth of the child, that presumption might not hold water in court.
In any presumption of paternity, a person could file a rebuttable and attempt to disprove their paternity. If a person has a desire to issue a rebuttal for their parenthood, they would need to do so quite rapidly.
The court is likely to make a decision about a father’s responsibilities early in a child’s life, so there’s not much time or room to argue. Legal action should be taken swiftly and decisively.
How Paternity Cases Play Out
A paternity case is usually initiated when either parent files a formal request with the courts in their area. This request is usually to establish legal paternity under the eyes of the court.
A mother might file with the courts if they believe a biological father is avoiding their responsibility and payments for a child but not acknowledging their parentage of the child.
On the other hand, a father who does not have a paternity status would not have a right to visitation. Fathers who wish to seek visitation rights or custody of their children would need to first establish paternity under the law.
In the modern era, a simple DNA test is often all that is needed to prove parentage. Sometimes, other types of blood tests are used. In most cases, these tests are highly accurate and have an incredibly low chance of revealing an inaccurate paternity ruling.
That being said, it is not unusual for one parent or another to request an independent analysis of the results from these tests. An experienced paternity attorney may suggest that independent experts are brought in to analyze the data and ensure its accuracy.
Once paternity is established one way or another, the court can stipulate the responsibilities a father now has the need to fulfill. This can greatly alter the path of the rest of a person’s life: it’s to be taken very seriously.
When to Hire a Paternity Lawyer
Fighting to get paternity rights can be quite complicated. There are many reasons to secure the help of an attorney before proceeding through the thorny process of fighting for your paternity rights.
If you are fighting for visitation rights, for example, this will require a strong legal strategy. You’ll need to make sure that your case goes through the legal process without hitting any hitches.
You might be required to make a case that you can provide a strong and stellar presence for the child, which might require evidence of your behavior.
In other situations, you might be actually attempting to challenge a paternity claim to avoid paying child support that you should not actually owe. In this scenario, there will be many requirements.
Forms, lawful advice, and affidavits will also be a major part of fighting against a paternity claim you think is untrue. While the paternity lawyer cost you might face may be more than you’d prefer, it will far beat playing child support for the rest of your life.
An experienced attorney will have handled cases just like yours many times in the past and should be able to help get you the outcome you desire. They will know what strategies to take, what evidence to look for, and how best to proceed through the legal cycle.
They may even have existing relationships with judges and other legal professionals that can be beneficial in getting through your case.
In addition to establishing paternity, most paternity lawyers can help with other related legal issues such as child support, custody, visitation, and so forth. That means an attorney can be by your side, guiding you through the process, from beginning to end.
How Can a Paternity Lawyer Help?
If you’re facing legal issues revolving around the paternity of your child, you’ll likely want to see some legal assistance. Navigating paternity cases can be difficult and fraught with challenges that an experienced paternity lawyer can help you get through.
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