Paternity issues often get clouded by emotions. Often, a couple may break up when they are expecting a child. Usually, the mother takes the father to court to establish paternity, and seek child support. A child born to a married couple, is presumed to be the husband’s child. In most states, the father of a child born out of wedlock, has no legal rights. The father must go to court to establish paternity, and seek legitimation of the child.
Paternity is defined as the “legal and social acknowledgment of the parental relationship between a child and his or her father.” In some instances, men deny that the child belongs to them. The mother must bring a paternity action, through the county prosecutor’s office. The county files a lawsuit against the putative father, who becomes the defendant. The defendant can either contest paternity, or admit it. A paternity attorney in Shawnee KS, will advise the putative father to take a DNA test. DNA tests determine a probability of paternity. Most states accept a probability rate of 95 to 99 percent, as proof that the defendant is the father. If there is no contest, the defendant signs an Acknowledgment of Paternity. However, in most states, the father cannot go back and ask for a blood test, later. If a man consents to being the child’s father, it is difficult to escape the responsibility.
A Paternity Attorney in Shawnee, KS, will file a Legitimation Petition for the father. The attorneys at Gilby and Hayes dedicate themselves to providing sound legal counsel for clients. Visit website for more information. There are many benefits to establishing paternity. The child may inherit from the father and receive insurance benefits, as a dependent. It is also important for a child to know who his or her father is. If a father wants custody rights, he must file a Legitimation Petition. The attorney petitions the court, asking that the child have the same rights, as if born in wedlock. The father may seek custody and visitation rights during the proceeding. The mother can consent to legitimating the child, and giving the father custodial rights. It is always best for a child to have a relationship with both parents.
