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What if you establish paternity then find out the child is not yours?
Wiki User
∙ 13y ago
Depends on the state. In 20 states you are obligated to still pay child support. In most of the other 30, you had just 24 months to learn you are not the father in order to file a challenge to an order. see links below
Wiki User
∙ 13y ago
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Do I still have to pay child support in California if I find out through a paternity test that a child is not biologically mine?
You are not legally required to support a child that isn't yours, but you would have to get the court that ordered the paternity payment to reverse its decision, you can't just do it for them.
Can an unwed mother travel with her child to US if paternity of the child isn't established?
If the father isn't trying to establish if the child is his the answer is yes, however, If he is in the process of trying to prove the child is his and you leave the country, you could find yourself in a lot of trouble.
What if you find out the results to a DNA paternity test are false?
Call a divorce lawyer right away. Depending on the state you live in, time is of the essence. In some states, you, the alleged father, will be required to pay child support on a child that isn't biologically yours unless you refute paternity in a timely fashion.
If you have a warrant for child support and you bond out and go to court for a paternity test and find out its not yours do you get the bond money back?
No, in those states that do allow you to petition for a paternity test, after an order is in place, your child support must be current first. Twenty states do not allow the challenge, period. see links
If you are a unmarried mother can you take your child and move out of state?
Yes, the law presumes that an unmarried female who has reached the age of majority has full and legal custody to her child/children. Before the father of the child can establish any parental rights he must prove paternity.
In the state of TN who gets custody if the parents were never married?
The welfare of the child should be the main issue. The best parent or maybe both paremts should have custody. Who is to say that one parent is better than the other with out prove of child abuse. During custody battles, the parents are so wrapped up in themselves that the children are not actually considered. the mother has sole custody if she is not married, a father has many more rights if the child has his last name, or if he is named on the birth certificate. However, if an unmarried mother has a child who has the father's last name and she gets the child taken from her by the state, the father would actually have to file a custody petition in order to try and get custody. Nothing is automaticly in his favor there.
If a married man has a child outside of his marriage is he financially responsible to this woman?
The answer depends on where they live and the laws in their jurisdiction. In most states the husband is automatically assumed to be the child's father unless there are documents filed that establish another man as the child's father and deny the husband's paternity. If you find yourself in this position you should consult with an attorney immediately.
Will you have to pay child support for a child who is not yours?
It depends on the circumstances. If you adopted the child you have to or if you were married to the mother when the child was born and you signed the birth certificate the judge can find you should since you then took the responsibility upon yourself. If this is a situation where you are not married you can simply have a DNA test taken to prove you are not the father and you will not have to pay child support. When the court rules about child support they require a proof of paternity so there can not be any mistakes. So it depends on your situation.
Do you still have to pay child support if you find out the child is not yours?
No but you need to prove it with proof like DNA test.
If a common law couple with a two year child separates and the father has not moved out yet should the father be allowed to take the child overnight to his parent's?
If the mother disagrees, the father may find he has a problem. If the parents are not married he may not have the legal right to remove the child depending on state law. If the couple cannot work out a mutual agreement for visitation and support Dad may need to bring the matter to family court to establish paternity. The court will establish a child visitation schedule as well as a child support order. All will be in the best interest of the child who should get to know his father and paternal grandparents.
Do you have to pay child support if you file for divorce and find out child isn't yours?
Maybe not, if the court rules that you aren't the father.
How does the DDC perform paternity tests?
They perform paternity tests by DNA tests, which is a very effective way to do tests. DNA is unique to everyone. If trying to find the parents of a child, they will take DNA from the parents and the child and test them in a Eletrophoresis. From there, they will observe the bands, if the DNA bands of the child matches any or both of the parents, they it is confirmed who is the parent.
