Paternity is often a struggle regardless of the situation, but it presents many problems when it comes to family law. When talking about paternity and proving it, the process can tear apart many families, and sometimes the challenge of paternity comes from outside of the family? There are some within the family unit, including grandparents who seek to break up the unit for personal or even financial gains, and in some states, grandparents have rights to the child.
When/in what instances can paternity be challenged?
There are many reasons to get a paternity test. Some include:
– For personal reasons. Many people have old-fashioned ideas about what it means to be a parent and would not want to raise someone else’s child.
– For reasons of establishing legal rights. In some states they require unmarried couples to have a DNA test done to have the father named on a certificate or to allow the child rights to benefits from work or to get Medicaid.
– To obtain custody. Without proof, it is hard to get custody of a child.
– To sue for child support.
– To prove paternity after a separation. This has been commonly used in reuniting immigrant children with their parents or children who have been recovered after going missing or being kidnapped.
– When the hospital makes a mistake. We have heard horror stories of children being switched at birth or the clerks writing a wrong name on a certificate. It does happen so in those instances a DNA test is needed.
– When a woman had several sexual partners in a small window of time and subsequently fell pregnant.
– For medical reasons. In the instance that someone needs a transplant or there is a rare disorder that the child has but should have been hereditary but the father and mother show no signs of the disorder.
What impact can this challenge have in terms of family law?
A paternity case can have far-reaching ramifications to the family unit. The establishment of paternity can ruin marriages and open old wounds, or even lead to suicide. If a man is found not to be the father, then the mother may be legally obligated to disclose the identity of the father in order that they may sue for child support.
Child support can be a lengthy process, and the named father may not wish to cooperate with the process for fear or out of vindictiveness. If you find yourself in such a position, you do not have to go it alone. There are many family law attorneys KoonsFuller PC out there that can help you, and if money is an issue, many lawyers offer a sliding scale fee system or even pro-bono if you are lucky.
I am going through a paternity struggle and I need help. Where can I go?
Family law rights is a great resource for anyone who is struggling with a paternity case or any other family law issue. They are kind and caring and will advise you at every point in the process. In essence, family law is very much centered around paternity and its reach can be far and the ramifications dire for families who face the issue of uncertain paternity of their child or children.