How to Change the Legal Determination of Paternity

A DNA test can change the legal determination of paternity.

In most states, legal paternity is determined several ways. The father of a child born to an unmarried mother can sign the birth certificate or file a sworn statement with the court admitting he is the father. If a couple is married when the child is born, the husband is legally determined to be the father. In these situations, it is possible to change the legal determination of paternity by asking the court to conduct a paternity test on the man who is believed to be the true biological father.

Instructions

1. Request a Petition for Paternity from the clerk of the family court where you reside. Since many courts now maintain websites with forms you can download, the clerk may advise you get the forms from the Internet.

2. Complete the petition. You must provide the birth dates, address and names of the child, the mother and the father who is currently the legal father. Also state the name, birth date and address of the man believed to be the biological father. You must have the current address so he may be properly served with the petition.

3. Bring your petition to the family court clerk's office. You must sign your petition in front of the clerk and have her notarize it. Pay the filing fee and the clerk will file your petition. If you are on a limited income, ask the clerk for a waiver of filing fee form. If you meet income requirements, the fee may be waived.

4. Send a copy of the petition to all parties named in the petition. The clerk will schedule a hearing. You must appear in court on the date of the hearing. Be prepared to explain why you wish to change the legal determination of paternity. You must also explain why you believe the other man is the biological father. The court will order the scientific DNA test.

Tips & Warnings

• The court will change the legal determination of paternity only if the DNA test proves the other man is the child's biological father.

References

• New York Courts: FAQ's Paternity
• Ohio Revised Code: Presumption of Paternity
• Ohio Revised Code: Genetic Tests