When a husband and wife have a baby, the new-born baby is legally “presumed” to be the kid of both the husband and the wife. But if the parents of the kid are unmarried when they are expecting a child, that child doesn’t have any sort of formal relationship with his father, when it comes to legally claiming his new-born baby. Presumptions in paternity are legal assumptions that a father of the child has the right to think. The oldest and common presumption that father can make is when the child is born if husband and wife are married, the husband has the right to legal presume him as his kid’s father. Having said that, there are also different ways to establish paternity.
What do you mean by Paternity Action?
A paternity action is a kind of legal proceeding wherein a man is considered to be the biological father of the child officially. Paternity suits are registered for various reasons. It may be registered by a father who wants the custody of his child, a mother who also wants her child’s custody, a child urging to get their parent support, or a state asking for public support.
You can begin with the paternity action by registering a case or a petition. A petition is filed in order to reveal the reason for filing the petition and why a particular man is claiming his or her child’s custody. There are few states which have introduced laws to make presumptions when it comes to paternity. Presumptions are the assumptions that the law creates relating to the relationships. For example, when the married couple has a child, the husband is known to be the biological father of the child.
Once a petition is registered, the alleged father will be given a particular time period to justify the petition with a written response and possible evidence. If you get a notice of such type of allegations, you will have three options. The options are:
- You will have to agree that you are the official father of the child and permit the court to take a decision on this.
- You will have to fight for the allegations imposed on you.
- You can opt for the DNA test to prove yourselves as the father of the child.
If you accept that the imposed allegations are true and the court agrees to that, then you will be considered as the official father of the child. Courts never reverse the paternity findings made, even if the DNA test comes the other way around, the court’s decision doesn’t change. The reason behind this law is that the court doesn’t want the child to constantly find out who is the actual father. You can know more about how DNA can you help you in winning the case by your attorney for parenting testing.
What do you understand by DNA Testing?
A hypothetical father fighting the case of paternity will be asked to come to the court and produce the reports of DNA testing. Most of the courts would tell the father to go for DNA testing. If you are accepting the fact that you are the father of the child, you wouldn’t mind compensating for the tests. But if you are in the benefit of the doubt, then you are asked to do the DNA test.
If the DNA test reports confirm that you are the father of your child, the court will then take a decision considering the statutory guidelines in your favor. The State guideline governing body will use software designed for this specific purpose which calculates a support order based on the factors such as the amount of time the kid spends with the mother and the father, monthly income of parents, and the requirements and demands of the child. You can read more about this online by searching for some websites which provides information about an attorney for parenting testing.
The most common assumption is that if an infant is born, the husband becomes the father of the child legally. Some of the most common ways to establish paternity are:
- Blood samples and DNA testing proves that a man is the father of the child.
- The couple then needs to sign an agreement which is called “recognition of parentage,” or “acknowledgment of parenthood,” or “declaration of paternity” on a state-approved form, wherein both parents agree to the fact, who is the father of the child and also sign their names in front of a witness.
- A man “holds the child out” as his own. This means he cares for the child, provides financial support to him and also treats the child as his own for a brief period of time, or
- Both the father and the mother agree to place the father’s name on the child’s birth certificate.
Importance of Paternity
In a majority of the states when a baby is born to parents who are unmarried, the mother gets the sole responsibility of the child and legal custody of the baby until and unless the father files a claim. This actually means that the mother of the child has the power to make important decisions for her baby and also has the right to keep the baby with her.
If the father wants to voice his opinion regarding the child’s future or his upbringing, it’s necessary for him to ask for custody.
Know when to establish
If the couple has a child and is unmarried at that particular time, it becomes very necessary for them to establish paternity. Then, the biological father can play the role of a father in the child’s life from the beginning of his or her life. It also reveals that the child in the future will never face any financial crisis and can seek help from his biological father. You can also get in touch with your attorney for parenting testing in order to know more about the rules and regulations.
Wish to have a healthy baby? Following a healthy diet will surely get you there. To have a healthy pregnancy, try to consume cereals with fruits. If you suffer from nausea, start consuming crunchy wheat toast. Eat owl full of brown rice and oatmeal along with bananas and melons. Low -fat yogurt or fat -free cheese is the best and healthy option you can opt for. Consume iron tablets and folic acid as the iron keeps your blood healthy while folic acid prevents the baby from birth defects. Avoid seafood which contains a high level of mercury like shellfish, swordfish, king mackerel, etc.