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Can a family member legally challenge paternity with a birth certificate?
Wiki User
∙ 10y ago
The question is too poorly defined to answer. It also depends on the jurisdiction; in some states, there's something called presumptive paternity which means that a child born to a married woman is legally the child of her husband even if it can be proven beyond any doubt that biologically it is not his child. There are legitimate (no pun intended) arguments to be made for such laws, even though they're not really "fair".
Wiki User
∙ 10y ago
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Is a father entitled to access if his name isn't on the birth certificate?
Generally, the father can petition the local family court to have his paternity established legally. Once established he can request visitation.Generally, the father can petition the local family court to have his paternity established legally. Once established he can request visitation.Generally, the father can petition the local family court to have his paternity established legally. Once established he can request visitation.Generally, the father can petition the local family court to have his paternity established legally. Once established he can request visitation.
How can you get custody of your son from mother in jail?
If you're not married you need to establish your paternity legally and petition the family court for custody.If you're not married you need to establish your paternity legally and petition the family court for custody.If you're not married you need to establish your paternity legally and petition the family court for custody.If you're not married you need to establish your paternity legally and petition the family court for custody.
In what way one can legally challenge paternity?
In order to legally challenge paternity, a civil suit must be filed in Family Court. If the judge orders a DNA test, the parties will need to pay a few hundred dollars to have the test performed and interpreted by a court-approved facility. In the event that paternity is confirmed, the father will then likely be ordered to pay child support and issues regarding custody and/or visitation will be addressed. If the father does not wish to maintain his parental rights, he can terminate them through the court.
How can one legally challenge or petition paternity?
In order to legally challenge paternity, a civil suit must be filed in Family Court. If the judge orders a DNA test, the parties will need to pay a few hundred dollars to have the test performed and interpreted by a court-approved facility. In the event that paternity is confirmed, the father will then likely be ordered to pay child support and issues regarding custody and/or visitation will be addressed. If the father does not wish to maintain his parental rights, he can terminate them through the court.
Adding fathers name to a birth certificate?
Assuming this father is unmarried, he has the right to establish his paternity legally through the family court. Once his paternity has been established he can request joint custody and/or a visitation schedule and pay child support if the child is to remain in the physical custody of the mother.
Can a child born to a woman during an affair proven to be of another mans become the legal child of the spouse?
Yes, unless the proper steps are taken to document the paternity legally with a disclaimer filed by the husband. The parties should consult with an attorney who specializes in family law.Yes, unless the proper steps are taken to document the paternity legally with a disclaimer filed by the husband. The parties should consult with an attorney who specializes in family law.Yes, unless the proper steps are taken to document the paternity legally with a disclaimer filed by the husband. The parties should consult with an attorney who specializes in family law.Yes, unless the proper steps are taken to document the paternity legally with a disclaimer filed by the husband. The parties should consult with an attorney who specializes in family law.
Can single mother leave custody of child to another family member in her will if father is not on birth certificate even if paternity is proved?
maybe
How do you legally ask for a paternity test?
Send the alleged father a letter via certified mail, return receipt requested, asking that he submit to a paternity test. If he refuses, you will have to file a paternity lawsuit, where the court will order him to take a paternity test. If you must file a lawsuit, you should see a family law attorney.
What are some positive things about paternity testing?
Paternity tests can give a family answers when paternity is in doubt. Once the test is conducted, all paternity questions will be resolved and the family can heal.
If the mother and father are not married and he is not on the birth certificate can he get joint physical custody?
The father's paternity must be established legally, usually through a DNA test. Once established as the father he can request joint custody and a visitation schedule. A child support order will also be established. He should visit the family court for more information.
Can I be a part of my child's life if I'm not listed as the father on his birth certificate?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Who has burden of proof of paternity?
Issues of paternity fall under the realm of Family Law which differs from state to state but in most cases a court order for a paternity test can be obtained through Family Courts.
