Anyone going through a divorce or child support dispute is acquainted with child support and paternity. However, many parents are unaware that DNA tests must be established before the court may issue child support. It may be more complicated than you think to figure out the answer to the seemingly simple inquiry “which is the father?”
Basics of Paternity
Establishing paternity is a legal process through which the court determines the biological father with the help of DNA clinics in Indianapolis. Until paternity is established in court, the child’s father has no rights or obligations, including paying child support or the right to custody or visitation with the kid. Either parent can petition the court to prove paternity, or the court can do so independently.
Acknowledged Paternity
A kid born to unmarried parents does not have a legal father by default. A parent who has acknowledged being the father of his kid is obligated to pay child support.
In most places, if a couple was married at the time of conception or birth, the husband is assumed to be the kid’s biological father.
Assumed Father
In most places, if a couple was married at the time of conception or birth, the husband is assumed to be the kid’s biological father and confirmed by a Non-invasive DNA test Indianapolis.
In most states, the presumption of paternity is “rebuttable,” which means the father can dispute paternity by submitting a formal motion with the court.
Rebutting supposed paternity is a time-sensitive matter; therefore, if a presumed father believes the presumption is erroneous, he should consult with an expert attorney.
Stepfather
The biological father of his wife’s children is not a stepfather, i.e., a mother’s husband.
Supposed Father
The court believes an unmarried man is the biological father of a child is referred to as an alleged father. The other parent will claim paternity and file a paternity action against the male to secure child support and custody rights in certain circumstances.
Both biological parents are required by law to support their children financially. If a mother asks for or gets public assistance, the state may file a paternity action against the supposed father to recuperate any funds given to the kid.
If the court issues a paternity request, the presumed father must respond quickly. Suppose you don’t respond to the petition. To put it another way, if you neglect the court documentation, you may find yourself owing child support to someone else’s kid.
Not Being a Biological Connection:
Any party (mother or supposed father) can petition the court if there is any doubt regarding an alleged father’s link to the kid. The court can then request DNA testing for both the kid and the claimed father.
If paternity is not set, the person in issue will have no legal duty to pay child support and have no legal rights to custody or visitation of the kid. In other words, the matter will be closed, and the individual will no longer have any contact with the kid or the mother, at least in legal terms.
Still, the presumed father later submits to DNA testing and discovers that he is not the kid’s biological father. Paternity determinations may be overturned in certain circumstances, particularly if the putative father signed into a paternity agreement without a complete understanding of the claim’s facts or was a victim of deception and fraud. When this occurs, the court will usually order a child support order to be terminated immediately; in some situations, a mother who misled the supposed father’s biological relationship to the kid may face sanctions.
Legal paternity case:
A simple blood test is frequently enough to verify paternity in today’s world. When it comes to establishing the biological father of a kid, DNA testing while pregnant is usually 99.9% correct.