Information on Rights of Fathers Against Paternity Suits
A paternity suit is a lawsuit filed by either the mother of a child or an alleged father. Paternity suits are used to compel the defending party to prove the alleged father's paternity to a child, typically through a court-ordered DNA test. Throughout this process, alleged fathers can exercise a variety of rights in relation to the paternity suit and related decisions.
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Launching a Suit
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Unless a judge orders a DNA test, an alleged father is not required to submit to it. Conversely, the mother of the child is not obligated to allow a request to perform a DNA test unless similarly compelled. Moreover, if there is a presumed father to the child, a person alleging to be the child's actual father is usually barred from requesting a paternity test once the child is five years of age or older. Once the child reaches the age of maturity, most states bar anyone except the child from initiating a paternity suit.
State-Initiated Suits
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If a state is providing the mother with welfare benefits, it will usually exercise its option to file a paternity suit against an alleged father. If paternity is determined, the state will subsequently sue the named father for compensation. During such suits, the father will also be held liable for the cost of the paternity suit if and only if the DNA test results in a positive match. Some states will attempt to hold a meeting prior to formal legal proceedings. For example, Oregon's Support Enforcement Division will issue a notice of a paternity conference. The alleged father is not compelled to attend such a conference, and any information divulged can be used against him in a subsequent paternity suit.
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Paternity Without DNA Testing
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There are many pitfalls for either refusing to take a DNA test or refusing to attend a paternity conference. In the former case, refusal to submit to DNA testing can be taken as an assumption of guilt and the father will be legally identified as the child's biological father. In the latter case, a state that has sufficient evidence to suspect that an alleged father is the actual biological father -- if the couple was married at the time of conception, for example -- can initiate financial proceedings without first establishing paternity. Under these circumstances, the father may be given a limited time to contest the decision before he is ordered to pay child support.
Appeals and Other Actions
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If an alleged father believes that he is not the child's biological father, he may request a DNA test to prove his innocence. If the DNA test is positive, however, the father will have limited appeal options. One such option is to hire a qualified expert to testify to the error rates of DNA tests.
If the alleged father initially acknowledged paternity, or is named on a birth certificate without a lawsuit, and subsequently wishes to rescind that acknowledgment, he is often entitled to bring a suit challenging his paternity. For example, the State of Texas provides a 60-day window to file a Petition to Rescind the acknowledgment. After the 60 days, the alleged father must prove that the acknowledgment resulted from fraud, duress or a mistake of fact to have his name removed from the birth certificate.
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References
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