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Declaration of Paternity

When the parents of a child are not married either during the pregnancy or at birth, the father is legally without rights and responsibility for that child. The father, mother, or a third party to the child can seek declaration of paternity to legally obtain a parent-child relationship to the father. In this process the father will gain custodial rights while granting him a legal responsibility to provide financial support for the child. Read below where Lawyers have answered the top questions asked about declaration of paternity.

In the state of Mississippi if the father’s names listed on the birth certificate can the mother take the child away and say that the listed father is not the biological father?

In the state of Mississippi, if the father signed a declaration of paternity (to get their name on the birth certificate), then paternity is recognized. The law provides a period of time to revoke paternity within sixty days and if it is not revoked, then the court will be unlikely to allow question to paternity unless the other party is trying to fight that paternity was fraud, unjustified influence, mistake as examples before the court would permit this challenge of paternity. What this mean is that if the father maintains legal rights even if found not to be the biological father. It would be unlikely the court will allow a paternity test if the mother had not asked for one within time. The only other possible way would to be if the father stated on the birth certificate was not actually the biological father and the biological father came forward to claim the child, that that would affect their parental rights. At this time, the father has the right to file for custody or visitation.

When signing declaration of paternity is a DNA test required? If later can someone change the father’s name on the birth certificate?

A DNA Test is not usually ordered to sign the declaration of paternity; this is an option that is decided between both parties to settle on paternity if it is questioned. The declaration of paternity is someone stating that they are the father, but there are times when someone may sign knowing that they are not the father or believe they are the father and they are allowed to do this.

The birth certificate can be change if the real father files a petition to establish paternity in the court, and then the court can order a DNA test and this will require an attorney to file with the court. Experts can provide legal information when dealing with signing a declaration of paternity, and giving insight on establishing paternity.

In the state of California if a declaration of paternity is filed, is it required to get a paternity test in order to receive child support?

A DNA test is not required as long as the other person admits to being the father, whether they are the biological father or not. After a declaration of paternity is made, if either party does not agree to the declaration, then a DNA test can be ordered by the hospital for the birth certificate or by the court to figure out paternity. The DNA test is not required, but may be required if the child support is being requested.

What can someone do in order to cancel the declaration of paternity if it is past the sixty days?

To determine who the biological father to the child would be to cancel the declaration of paternity, they will need to file for a paternity action so that the court will order a DNA Test. The other option would be to ask the current “father” to take a test voluntarily. If they do and stated to not be the father, the mother can still file for the paternity action and name the man who is on the birth certificate, along with the man who may actually be the father.

In the state of California is there a time limit on filing a declaration of paternity? 

If the child already has one parent listed on the birth certificate and there is no other opposed party, then there is no time limit. The person can either choose to file on the date of birth or before the age of seventeen. The only time a time limit would come into effect is when the child has reached adulthood, once the child becomes of age (normally eighteen), signing a declaration of paternity is no longer applicable.

When unmarried parents sign a declaration of paternity form they are helping their child gain the same rights and privileges of a child that is born into a married family. Some of these rights include: financial support from both parents, access to important family medical records, medical benefits from the non-custodial parent, and emotional benefit of knowing who both of their parents are. Experts provide insight when dealing with a declaration of paternity forms.

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