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Questions about Putative Father's Rights

A putative father is a man who has fathered a child out of wedlock. As a general rule, the law recognizes a child born to a married couple as being the husband’s child. A putative father bears the burden of proof when trying to determine paternity. Many men are unaware of their rights as fathers and need experienced legal insight. Not everyone can wait for an appointment with a lawyer or afford expensive attorney fees. When you need answers now, legal Experts on JustAnswer can answer your questions in a fast and affordable manner. Take a look at the top five questions about putative father and putative fathers’ rights, answers by Lawyers on JustAnswer.

Does a putative father have any legal rights if the mother puts the child up for adoption?

In some situations a mother may choose to give up her parental rights and let the child be adopted. If the mother has chosen to terminate her parental rights, she has indicated that she no longer wishes to be connected to the child as a parent. As the father, you would have a superior right to the child in such a situation. However, this issue should be addressed prior to the completion of child adoption procedures. The court will have the final decision and will take the child’s best interest into consideration about all else.

Can a married couple deny DNA testing if someone outside the marriage alleges that the father is actually a putative father?

If a man feels the need to prove that he is the father of a child born to a woman married to someone else, he can request, and the court can order a DNA test. Although, if he does not go through the courts; and does not have a court order, the married couple can deny the testing. However, if the court orders a DNA test, the couple cannot deny or refuse to take the DNA test. If you have other questions about DNA testing and a putative father’s rights, you can ask a Family Lawyer on JustAnswer.

Can a putative father be denied a paternity test?

There are many factors involved when the courts decide whether or not to allow a paternity test. The most important factor that a court takes into consideration is the best for the child. The best interest of the child can often overrule the rights of a person that clearly appears to be the father. Depending on what the court decides is in the child's best interest, a paternity test may be granted or denied at the court’s discretion.

How long does a putative father have after a child is born to establish paternity?

In certain situations, a father may opt out of any involvement with his child. However if a father does want to be a part of his child’s life, he has until the child’s 18th birthday to establish paternity. The father would have to establish paternity in the county and state of the child’s residence. Once the putative father has established paternity, he would then have the opportunity to object to any potential adoption petition that is filed.

How does a putative father remove his child from an abusive relationship and gain custody?

For a putative father to intervene and remove a child from an abusive relationship, the paternity should have already been established. In addition, the father must be able to prove that the abusive relationship is putting the child in a neglectful situation or is in some way harmful to the child’s best interest. Behavior such as drinking, drugs or abuse will show just cause to the court to award the custody of the child to the father.

When people find themselves in a potential legal situation and need accurate information, one of the quickest ways to find an answer is to ask lawyers on JustAnswer. A putative father’s rights and questions related to putative father registry are just a few of the many legal questions that Experts from JustAnswer address regularly.
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