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Legal Questions about Paternity Establishment

Establishing paternity is important if you want to get legal rights over your child. However, state paternity laws and your relationship with the mother of the child may affect this process in many ways. Find answers to all your questions about establishing paternity by directing them to Family Lawyers on JustAnswer. They will provide you with quick and insightful answers to all your queries. Listed below are the top paternity establishment questions answered by the Lawyers.

Once, the biological father’s paternity has been established and his name appears on the child’s birth certificate, does he have legal rights over the child moving to another state? If he provides her with child support, does that affect her right to move residence to another state?

Once paternity has been legally established, both parents generally get equal “rights” over raising the child. This is not the same as “physical custody” and is occasionally referred to as “shared parental responsibility”. In most cases, the parent who provides the child with the “primary residence” must notify the other parent and receive the consent of the other parent before moving house, especially if it is out of state. This is done to ensure that the visitation time of the “non-custodial” parent is not cut off. Irrespective of whether child support is being provided by the non-custodial parent or not, the parent with primary custody over the child cannot usually shift residence without informing the other parent.

My parents never married. My father is unwell now and has three other kids. I am the eldest of all his children. Can I establish paternity now and would I be entitled to money and property that my father owns?

In certain states, paternity needs to be established before the child turns 18. If you are past 18 years of age, it is possible that you may not be able to file for paternity now. However, if you have been receiving child support from your father through your mother, paternity might have been established already. If you would like further legal advice, write to Family Lawyers on JustAnswer with more details of your case.

My daughter is 21 years old. Can I still establish paternity and file for child support for her?

In most states, when a child is born out of wedlock, the mother has legal rights to establish the paternity of the child, irrespective of how old the child might be. But establishing paternity does not automatically entitle the child to child support. In certain states, children can claim “past support” from the day that they were born. While, in other states, there are laws that have time and duration restrictions on receiving child support. Finally, certain states even bar a claim for past support if the court feels that the delay in establishing paternity is not justified or is unreasonable and that it would be unfair for the child to receive child support at this stage. However, every case is different. To understand where you stand and what kind of support you could be eligible for, get in touch with Family Lawyers on JustAnswer with specific details of your case.

I want to establish paternity and would like to know where I would need to go to file a petition to get a paternity test ordered by the court?

To establish paternity, you would need to file a petition in the District Court of the County in which your child lives. On filing the petition, you could be asked by the court to submit yourself, as well as the child, to a DNA test to establish whether you are the father of the child.

My boyfriend is expecting a child with his ex and she has told him that he will not be able to visit the baby in her absence, even if it is for a few hours at a time. Are there any laws regarding his rights?

When a couple is not married, the mother usually gets all legal rights to the baby. Unless the father signs the baby’s birth certificate with the mother’s consent or files a petition in court to order DNA testing, he probably will not have any legal rights. In this specific case, if your boyfriend decides to establish paternity by filing a petition and is proven to be the biological father, it is possible that he will get legal rights to custody, child support and visitation.

Fathering a child can be an amazingly beautiful and humbling experience. But in order to play an active role in your child’s life, you must have legal parental rights over him or her. That’s why it is important to establish paternity early on. Family Lawyers on JustAnswer can give you tips and legal information on how you can go about this. Write to them and get all your questions answered both quickly and at affordable rates.
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Recent Paternity Establishment Questions

  • Paternity DNA suspicious test results

    I have a complicated frustrating "wrong" that was committed against me and my child in January of 2010. I am having a difficult time finding an attorney to represent me and more importantly take me seriously. The issue is to do with a paternity DNA test performed back in 2010. The first test submitted by the father of my child through DDC diagnostics came back a whopping 100% negative. I was treated horribly and had to fight and pay money to get a court order to have the father retest. The second test came back a suspicious "mixed" match. The lab finally believed me when I told them all along that that the first test was a false negative. The father of my child is Asian. My child was born with dominant Asian features yet he still denied paternity and fought the retesting process. I have spoken with 2 seperate DNA investigators who are convinced of lab error or some form of tampering by the testing father. It took a full year to finally prove he was a match. I received no explaination, no apology for the hell I had to go through. I believe the father of my child tampered with those first 2 DNA tests. He was finally ordered to submit nails and hair which eventually gave us 99.9% match. How do I sue? Who do I sue? The father or father through DDC diagnostics. Please advice. There has to be a case here. I have a DNA investigator who just needs an attorney to work with who would then start the process of doing a neutral investigation into thoe tests. The lab keeps all paper work and results for up to 8 years after testing. Thank you for your time. I have spoken with "Edin Incorporated here in Boulder who can investigate the testing and teh DNA involved and who could figure out what happened. I also spoke with a private DNA investigator who can do the same. Both invetigators are convinced it was a lab error cover up or tampering by the testing father. The testing father has gotten nervous any time I questioned him directly about those tests. I am quite certain he bribed or tampered in some way.

  • My husbands child support case was originally in Wyandotte

    My husband's child support case was originally in Wyandotte KS i belive in 1997. About 1 and a half year ago, his daughter and her mother moved to Grandview MO so his child support case got moved to MO. We found out thru the grapevine that his daughter and the daughter's Mother has moved back to KS, which is basically where his daughter has lived most of life anyways. The reason why we think they have moved back to KS is because on facebook his daughter posts that she attends a KS highschool. We are also involved with the recreation center and have seem them constantly day by day at the rec center which is quite a distance away from the home in MO. Unfortunately my husband's relationship with his daugther is not too good. Long story short, the mother feeds the daughter info about what is right and wrong and she brings the drama back to us. We've gotten into a couple of times and at this point my husband hasnt made much of an effort to see his daughter since we have 3 of our own. The mother also allows his daughter to have a relationship with another girl and this relationship has been going on for about 1-2 year, basically when she was a 7th or 8th grader. And we dont have her to have any influence on our kids. We've contacted the MO office and they say there's nothing they can do to get the case moved back to KS. They were so rude. We've also called the KS office, who is also rude and no help, say that only the mother can close the case in MO and move it back to KS. My husband pays his child support on time for 14 years now and has never made this child support and issue but it seems the system is just always against the person paying the child support vs the person who is actually receiving it. Please help!
  • I need some clarification as Ive gotten some conflicting answers

    I need some clarification as I've gotten some conflicting answers over this question.

    I am moving with my 3 year old son from California to Florida. I've started a business there, have ties to the area, etc. My son's father has told me he would also like to go back to Florida (where my son was conceived, though he was born in California). However, my son's father has "stipulations" and has stated he will not "allow" me to move if the stipulations are not met. Basically it's a control tactic, plain and simple.

    We do not have a custody agreement in place. We are currently living apart, and my son lives with me. There is no question I am the primary caretaker, though his father has been a large part of his life as well (we only physically separated a month ago).

    When he says he will not "allow" me to move, he insinuates that he will file parental kidnapping charges if I go without his requirements being met (his requirement is that I live with him, by the way, though by my count the relationship has been "over" since our son was born and we've been living together for financial reasons ONLY). Also, I'm under the impression that if he files for custody after I leave I will be forced to return the child to the state.

    Can you please give me some insight into what the laws actually are concerning this? Once again, to clarify, we do not have any custody agreement, either formal or informal. We do not have a child support case, nor any other case with the courts. He WILL move to Florida once I am gone if I am allowed to leave legally, so it really isn't a Move Away case (though he would like to try to convince the courts otherwise if I leave without meeting his stipulations). He has family in Florida and owns 2 houses in the state as well, so he definitely has prior ties to the area.

    I've been told two different things now, one that he will be able to file parental kidnapping charges if I don't do things absolutely legally, and two that he has no parental rights absent a custody agreement and I can move whenever I want without filing anything. I'm unsure about the UCCJEA in particular, as I would much prefer to deal with custody "drama" in Florida rather than here, so I can get on with my life.

    Thank you for your assistance.
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