In the legal context, being a parent carries with it rights and obligations, such as parenting, visitation, and financial responsibility for the child. In some cases, when the parents are married, the law assumes who is the father of a child. But in others, if there are doubts, a process must be done to establish paternity.
Below, from Brooklyn Estate Attorney, we explain how paternity is established and the legal effects of being someone’s father.
How is paternity established?
In most cases, when children are of married parents, there is no dispute over who is the child’s father. But if the doubt exists, the law establishes what process must be done.
Legal effects of paternity
Being the father, in the law’s eyes, brings with it the obligation to support the child. If the father does not live with the child, this will result in the monthly child support payment.
On the other hand, legally being someone’s father offers legal custody and visitation rights over the child. For more clarification, please always contact an Estate Attorney Brooklyn Ny.
Establishing paternity legally also has an impact on the child’s inheritance, if the father dies without a will. And it also allows the father to oppose the adoption of the child if the case arises.
Can I do a paternity test before the child is born?
Yes, with current technology, paternity tests can be done from the eighth week of pregnancy.
A blood sample is taken from the mother and potential father. Fetal DNA present in the mother’s blood is compared to the blood sample from the potential father.
What is the paternity presumption?
In many states, it is assumed that the child is born from a married couple, and the husband is the child’s father. Some of these states allow the parties to dispute this presumption by submitting to genetic testing to show that the husband was not the father.
It is good to mention that in some states, the DNA test to prove paternity is not allowed if the baby was born when the couple was married. You can always consult this on the internet by writing Estate Planning Near Me.
Involuntary paternity establishment
When the biological father of the child does not want to accept responsibility for her, there are legal procedures to establish paternity, even against his will.
These procedures involve both the parent and the child undergoing a DNA test.
While no one can be forced to take a DNA test, many states consider refusal to take this test to be irrefutable proof of paternity.
How much time does the father have to establish his paternity?
If the couple wants (father and mother) wants to assume the baby’s paternity, then will be necessary to fill out a form in the court. In the state of Florida, for example, this document is called the “Voluntary Acknowledgment of Paternity”.
But if a person wants to be recognized as a father without the consent of the mother, it will be necessary to involve the judicial system. The judge will order the mother, child, and alleged father to undergo a DNA test to determine paternity.
Some states require that the father file his paternity suit before the child turns 18 years old. An Estate Planning Attorney Brooklyn Ny with experience in family law can advise you so that you do not miss the deadlines.
How does paternity affect the right to inheritance?
Having legally established paternity will make your child your heir if you die without a will.
However, even if a person has not been legally recognized as the father, he can leave property to his child in his will.
Speak to an experienced paternity attorney today or an Estate Litigation Brooklyn Ny.