How to Defend a Paternity Lawsuit

Paternity tests are used to identify biological fatherhood when a party questions who the father of a child is. Even after tests have all but concluded paternity (or proven it to not be valid), some possible fathers feel a need to defend a paternity suit against the mother of the child in question. Here are some ways to defend a paternity suit.

Difficulty: Moderately Easy

Instructions

Non-Custodial Parent Denial of Paternity

1. File a lawsuit. The lawyer for the custodial parent (the parent with whom the child resides) can file a paternity lawsuit, if the alleged father is denying fatherhood.

2. Go to court. A judge will decide whether the man is the father via a paternity test.

3. Take action. There is no statute of limitation for a paternity suit. If the claimant is not getting welfare, the local District Attorney will file a paternity suit on behalf of the state. Paternity will be decided in a court or agency hearing.

Non-Custodial Parent Acknowledges Paternity

4. Consider obtaining legal council. A non-custodial parent can defend a paternity lawsuit with or without an attorney. Cooperation is essential if an attorney is hired to defend the case.

5. Prepare legal forms. File a Complaint, the first document filed with the court, and a Summons which requires the defendant to file a response with the court.

6. File the case in court. The clerk will keep the original complaints and give the plaintiff (person bringing suit) stamped copies. A case number and appearance or default date for the defendant is set. Pay a filing fee.

7. Serve the defendant to establish proper notice. Serve summons via county sheriff, a licensed process server (if approved by the judge) or by certified mail.

8. Follow the service process. Check for "service" after the default date has passed. Get a Court Date, judge and courtroom number from the clerk. Fill out the Notice of Motion. Have a paternity test done to establish paternity if the couple never married.

Tips & Warnings

• Testing is validated via DNA with various tests being used to determine paternity. In the "swab test," a sterile cotton swab is rubbed inside the mouth to collect a DNA sample. In the "blood test," a blood sample is drawn from the alleged parent and child for comparison. The "amniocentesis" collects the amniotic fluid surrounding the fetus.
• The best way to prove or disprove paternity is genetic testing (DNA) of the man, mother and child. This test has become the "gold standard" for defending cases in court dealing with parentage.
• Alway check with an attorney or family court in the county of legal residence to obtain procedures, time lines and fees. Each state requirement will differ.

Resources

• General information on obtaining paternity status is available at genetree.com.
• Legal information regarding paternity can be found at Legal Match.