Our case managers speak with fathers from all over the U.S. on a day to day basis. Many of these fathers have been taking care of their children financially and emotionally since the children were born. For many different reasons, they suspect they may not be the biological father of the child, so they ask the mother for a paternity test.
Most mothers in this situation refuse, either because they know the real truth, or because they are comfortable with the existing situation. In any case, the mother is not cooperative. The father has two options:
1) Get a DNA test without the mother knowing
2) Get a court order for a DNA test by filing a paternity action
Follow the link above for more information about option 1. Today’s entry focuses on the paternity action.
I am not an attorney, and I suggest obtaining a qualified family lawyer whenever you pursue a paternity action. This is largely due to the fact that paternity test laws very greatly from state to state. There are a lot of factors that go into the process of determining whether you, the father, will be authorized to get a DNA paternity test.
Factors include:
- Are you on the birth certificate?
- How old is the child?
- Were you married to the mother at the time of the child’s birth?
- Did you sign a Voluntary Acknowledgement of Paternity?
- Are you paying child support?
You should speak with an attorney about all these issues and more. Be sure to obtain an attorney who practices in the state where the child resides, because that is where the paternity action must take place.
Oftentimes, option 1 is the easiest way to gain peace of mind. If that option is not available, get an attorney and do it right.
Good luck.
