How To

How to File a Paternity Case

Contributor
By eHow Contributing Writer
(8 Ratings)

File a paternity case at your local family court. DNA tests will be done to determine paternity. Paternity must be determined before you can collect child support.

From Quick Guide: Learn About Paternity Law
Difficulty: Moderately Easy
Instructions

Things You'll Need:

  • Ovulation Predictor Kits
  1. Step 1

    Go to your local family court and tell the court personnel that you want to file papers for a paternity case.

  2. Step 2

    Ask for help completing the forms if necessary. You'll need to give the child's name and date of birth, and your name and address and those of the alleged father.

  3. Step 3

    Know that paternity can be legally established in three ways. The first is presumption. When a woman is married, her husband is presumed to be the father of the child. The second is acknowledgment. A man can sign a form that legally admits paternity. The third method is by court order, which is based on DNA testing as evidence and a hearing if necessary.

  4. Step 4

    Have the father sign an acknowledgment if at all possible, to avoid the expense of the DNA test.

  5. Step 5

    Realize that if you go to court and blood tests are ordered, you, the child and the father will all be tested.

  6. Step 6

    Recognize that once the results are in, the man may still deny paternity and request a hearing. At the hearing you'll have to testify about your menstrual cycle and when you had intercourse.

Tips & Warnings
  • If you are receiving public assistance, your state agency may require that paternity be established so that it can charge the father with child support. If this happens, the agency will file the case and handle it for you.
  • Understand that once paternity is established, the father is able to file for custody or visitation. If you never want this to happen, don't file a paternity case.

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