Knowing your paternity rights is important. DNA paternity testing has become a major tool in helping fathers, mothers and their children get their rights as dictated by the law. What comes to bare with the issue of paternity rights are two main different scenarios:
• Some mothers may have given birth to a child and not registered a biological father. She may know who the father is or have a suspicion. A paternity test means she can get the biological father to provide for the baby and possibly even herself.
• Another scenario is fathers who have been denied access to a child they know is theirs. These fathers are often not recognized as the legal parents of the child but wish to have their legal rights over the child as father and of course, provide emotionally and financially for the child.
Fathers who wish to become the legally recognized father of a child will need to go through the courts. A judge has the prerogative to issue a court ordered paternity test. The mother of the child may sometimes not consent to having the child tested. In other cases, the mother may refuse to provide the necessary DNA samples of the child. If the child is over the legal age of consent he or she can voluntarily submit to the test. Furthermore, there may be cases of paternity fraud where for example, the mother may attempt to alter DNA testing results.
If the father wants to pursue the case in court and truly believes the child to be his, he will need to provide proof of an affair or relationship with the child’s mother. The court needs to have a reason and grounds to issue a court ordered paternity test.
Can the court deny a paternity DNA test?
The answer is yes and mainly under the following circumstances:
• The child is over the legal age of consent and does not want to take part in the test
• The father has waited too long to file the case; normally 1-2 years after having found out about the existence of the child.
Paternity Rights: Is it complicated?
If your only option is to take things to court and there is much animosity and spite between mother and
Father, court cases can get complicated. Keep in mind the legal cost although when a child is in question there is no price one can put. However, if paying is an issue, there are many organizations that can help you out with your case and offer legal assistance in such cases; moreover, many companies offer low-cost legal paternity testing.
Paternity testing will conclusively tell you whether you are the biological father or not and results cannot be disputed even by a court of law. Your paternity rights are there to protect you.