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Tuesday, November 30, 2010

Paternity Cases Increasing for Fathers

Paternity cases happen when there is a question as to whom the father is or if a child really belongs to a particular man. They can be started by either the man or the woman, and happen for various reasons, often to do with the supposed father paying child support for the child in question. Here is a quick overview of some paternity case basics.

  • Paperwork is usually served to the father. This can be started by the mother or the state. The goal: to establish the man as the father.
  • In some cases, the mother will be served the paperwork when the case is initiated by the father.
  • If you are pursuing a paternity case as part of your rights as a father, your goal is a full set of parental rights.
  • There are basically three types of paternity suits:
  • Mother Against Father
  • State Against Father
  • Father Files the Case
  • When the father is pursuing the case the mother, usually her attorney and the state must be served.
  • The state is usually only concerned about visitation rights if state assistance is provided.
  • An affidavit has to be filed proving the paperwork was served.
  • The person being served has a certain time frame in which to file a response.
  • Unwed fathers are typically not treated well by the state in paternity and visitation cases.
  • DNA testing, while usually done, is not necessarily required.
  • Don't plan on using the "one night stand" argument to get out of child support. It won't work.
  • Parenting evaluations are almost always done.
  • Social Services are often not about the child but the mom. Not good for dad.
  • If child support is involved, the state usually is as well.
  • Custody usually goes to the mom no matter what is "best" for the child

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