Paternity

A DNA paternity test can be performed accurately before a child is born through amniocentesis and chorionic villus sampling. These methods are explained below. With either method, you will also need DNA samples from the person(s) you think are the father (involving a swab from the mouth).

Chorionic Villus Sampling (CVS):

Chorionic Villus Sampling is usually performed at very early stages of pregnancy, generally around the 8th to 13th week of pregnancy. During the CVS procedure, a catheter is inserted through the cervix and a small sample is taken from the outside of the gestational sack by gentle suction. This sampling procedure allows the obstetrician to obtain a small amount of fetal chorionic villi (trophoblastic tissue) which is used for the paternity test. Paternity tests conducted using CVS samples are just as accurate as tests which are performed after the child is born.

Amniocentesis:

Amniocentesis is generally performed at later stages of pregnancy. During an amniocentesis procedure, a small amount of amniotic fluid (10ml) is withdrawn transabdominally by your obstetrician. Amniotic fluid is also an excellent sample for paternity testing; paternity tests which are performed using amniotic fluid are just as accurate as tests conducted after the child is born.

Non Invasive Paternity Testing:

While amniocentesis and CVS carries certain risks, such as leakage of amniotic fluid which can endanger the baby's life, there is a risk free method for conducting a paternity test. Fetal DNA finds its way into the maternal blood stream through the wall of the placenta. The medical blood draw entailed in a non invasive test is essentially risk free.

You may also have blood cord samples taken when a child is born and this procedure is also totally safe.

== == == == Due to the advancements in simple paternity testing, over 30% of those paying child support are learning they are NOT the father of the children.

Now, it could be claimed that the children need a father, and any father will make due, but if the man files a challenge for custody. or even to enforce court ordered parental rights to see the children, in most states, the mother can make a showing of evidence that he's not the father and thus doesn't deserve the right. But, if she does, she loses her claim on child support. However, she can than file a retroactive order against the bio-dad, if she's not already living with him.

In 20 states, once a man is paying child support, he cannot challenge paternity, but in the other 30 States, he has only 24 Months to learn he's not the father, and file a challenge against being obligated to pay child support. These restrictions are not equally applied to the mothers in a defense of a challenge for custody by the father. In January of 2009, the Kansas Legislature turned down the passage of a law to allow challenges to paternity even in cases where the man has never had contact with the child. The issue rose from a case involving a man who had a claim filed against him while on Active Military Duty when he was unable to return to the US to challenge the claim. Child support claims not limited by the Soldiers & Sailors Civil Relief Act of 1990 (SScRA).

In June of 2009, Missouri became the 30th state to pass the law. Signed by Governor Jay Nixon, it followed the pattern of the other states with the law of having a 24 month limit on a man to learn he's not the father of the child, whether or not he's had contact.

There should be Mandatory Paternity Testing not only in all new Child Support Claims, but perhaps in at the time of all new births. to prevent the mother from filing for retroactive child support on the bio-dad after years of marriage with the child supported by a man who thought he was the father. The words of the day for all men who've been told the are to be a father should be:

COMPLETE THIS FORM FOR AN ORDER OF PATERNITY IF:

* You completed a Request for Order of Paternity TO COMPLETE THIS ORDER YOU WILL NEED:

* A copy of your Request for Order of Paternity FOLLOW THESE INSTRUCTIONS WHICH ARE NUMBERED TO MATCH THE IDENTIFYING NUMBERS ON THE FORM. TYPE OR PRINT NEATLY USING BLACK INK.

# Fill in the name, address, and phone number of the person submitting the form. # Fill in the name of the County in which this Order will be filed. (This may already be printed on the form.) # Fill in the name(s) listed in Item 3 of the Request. # Leave this item blank. # Fill in the name and social security number of the natural mother as listed in Item 6 of the Request for Order of Paternity. # For each child, fill in the name, date of birth, state where born, and social security number as listed in Item 7 of the Request. Social security numbers are not required for the children, but, if you have them, it will help the Court take proper action on your case. # Fill in the name, social security number, date of birth, and place of birth of the natural father. Leave the rest of the form blank. The Clerk will sign and date the Order. You may obtain a certified copy of the Order for a fee. See Link Below For "Petition To Determine"

Absolutely! Testing can be done privately in the comfort of your home. Results are returned in five to seven days. You can get a standard test that will answer your paternity question.

The father can also request a DNA test through the family court that can be used to establish his paternity legally.
Yes. As long as the father has joint custody of the child if not he needs consent from the child's legal guardian.

If you are being asked to provide maintenance (ie have been nominated as the child's father) and you have doubts that the child is yours and have been taken to court, you could also ask the court to prove you are the father.