Legal Advice for Paternity Tests
Establishing paternity is very important for not only the child in question, but also the parents. Every child is entitled to know who their father or mother is, and every parent has the right to know about their progeny. Establishing paternity of a child means being declared the legal father after the child is born. If the parents were not married, the child does not have a legal father until the paternity is declared. But because establishing the paternity of a child can often be a very difficult and complex process, it is vital to know as much about paternity laws as you can going into this process. Here are some legal tips about paternity tests to better prepare yourself.
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Marry the Woman
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If a woman is already married and then gives birth to the child, there is a presumption under law that the husband is the father. If you are worried someone else may claim to be the father of the child, marry the woman before the child is born to become the legal father. However, a judge could ask for a paternity test after the fact.
Establish Paternity Through the Courts
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You, and any man who could have fathered the child, will be called into court to claim paternity. You will be interviewed by the judge, paternity lawyers, possibly even outside legal groups. If the determination still can't be decided at this point, then the judge will order a paternity test to see who the real father of the child is. Remember, if no one else shows up, then you are the acknowledged legal father by default.
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Have a Paternity Test Done on Your Own
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To prove your case more effectively, it is a good idea to get a paternity test done before your court date, so you can use it as evidence it court. Paternity tests are admissible in court and, depending on the judge, usually given precedence. Prove you are the father of the child through genetic testing, and there's nothing the judge or the lawyer can do about it.
Claim Paternity
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Have a written document signed that says you're the legal father, which needs to be notarized. The mother and father must sign this document and file it with the court, once it has been notarized. This may be used as evidence of paternity if any future suit is brought.
Contact an Attorney
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Each paternity case is different, with its own distinctions. The best thing to do is to contact a law firm specializing in paternity suits, and explain your case to them. They will be able to give you more precise advice on your case and what your options are. They will either be able to help establish paternity, or help to find someone who can.
Be Patient
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Being involved in a paternity suit can be emotionally draining, not to mention costly and timely experience. Be patient. Understand that it will not be over tomorrow, and that you're going to have to be emotionally strong to get through the process. Find a close family member to confide in. Having the proper support is vital in getting through this long and rigorous process.
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