Paternity

== == == == 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.

One of the most important decisions you will need to make is choosing an attorney to work with you in attaining your goals. Your success in and out of the courtroom is crucially dependent upon the skills of your attorney. The outline below is intended to serve as a guide to consider in finding and working with a good attorney (male or female).

A) Interview several attorneys before you make a final selection. The attorney needs to learn about you and your case, and you need to learn all you can about the attorney's qualifications. Often you will be paying for the attorney's time during this visit so it is a good idea to interview with all questions written down (especially items that you are unsure about).

B) In selecting those attorneys to interview, start with those recommended by people or organizations familiar with Family Law court system. In California, may be listed in the Yellow Pages under "Family Law, Board Certified". Law is like any other profession: it is highly specialized. An attorney who devotes most of his practice to Family Law will usually be more familiar with the system and skilled at dealing with it.

C) Most initial interviews with attorneys are scheduled for 30 minutes. This is not nearly enough time for an attorney to go over all the facts of your case. What you should do during this initial interview is spend your 30 minutes finding out about the attorneys qualifications to be your attorney. If you are comfortable with the attorney and believe him/her to be well qualified, you may wish to schedule a second longer interview to go into the details of your case. This interview will probably take a couple of hours and you should expect to pay the attorney for the second interview even if the attorney did not charge you for the initial interview. Many attorneys do not charge for an initial 30 minute interview. Others charge a reduced rate for an initial interview. We do not recommend paying more than $100 for an initial 30 minute interview.

A) Can I relate well to this attorney?

# First, you need to briefly explain your situation. What do you want to achieve and what are the facts that may help or hinder you.? Do not keep any secrets from an attorney and try not to exaggerate or present a biased picture. It is a good idea to write a two page synopsis of your situation and goals. You should give this synopsis, along with your last paycheck stub, last federal income tax return, and any court documents that you have to the attorney a couple of days in advance of your interview. That way the attorney can be more prepared for your interview. (Give copies of the above documents to the attorney - not originals.) # Be especially conscious of what your "gut" feelings toward the attorney are. If your gut tells you that you don't like the attorney or that he is not interested in your case, you probably shouldn't hire him. B) What is his/her background and experience in family law?

# Ask him about his scholastic background. Do you really want to hire an attorney who finished last in his class? # What portion of his recent practice is devoted to Family Law? The best family law attorneys devote at least 75% of their practice to family law. Don't hire an attorney who devotes less than 50% of his practice to family law. # How many contested custody/visitation cases has he handled? # How many for fathers? Mothers? # How many cases actually went to court or were presented to a jury? (Note: Only in Texas do custody cases go to jury trials.) # How many joint custody cases were handled? # What success has he had in settling cases out of court and how were those settled? # What success has he had in court? (Try to determine if he only takes sure winners. It is easy to inflate the record if one takes only cases where the other parent borders on unfitness, or is uninterested, or where the opposing lawyer is unskilled). # Ask if he is particularly familiar with the quirks and biases of the judges and court in the county where you wish to file. # Is he Board Certified in Family Law? (If your state has such a designation) Board certification usually (but not always) indicates an increased interest in family law and awareness of new changes and trends. # Ask if he is a member of any professional association. (The State Bar may have a family law section). # Ask about his experience in dealing with expert testimony. (Psychologist, psychiatrist, social workers, physicians). Ask your attorney about the DSM-IV (Diagnostic And Statistical Manual Of Mental Disorders - 4th Edition). If the attorney is not familiar with the DSM-IV, he probably doesn't have the necessary background in mental health matters to expertly cover a child custody case or child abuse case. # Ask about his experience with tax implications of a decree (child support, community property). # Ask him if there is a way in which his clients may be in touch with him outside of his office hours for emergencies only. A) Hiring a good attorney will be expensive. However, retaining a mediocre one may be even more expensive to you in the long run, so do not try to economize unnecessarily. The final decree could influence your relationship with your children for years to come. Depending upon your area, you should expect to pay at least $100 per hour for a family law attorney on up to as much as $400 per hour. A basic retainer fee in a child custody case should cover about 25 hours of the attorney's time so multiply the attorney's hourly rate by 25 to get an idea of how much a retainer fee should be. Before going into see an attorney you need to develop a budget of how much you can spend on the case. Most custody cases that go all the way to trial will take a minimum of 50 hours of an attorney's time. If you can't cover the fees for 50 hours of the attorney's time, you should consider whether or not you can afford this attorney in the long run. If you cannot afford the attorney to handle all of your case, consider hiring the best qualified attorney that you interview to be a consultant in your case and pay him for his time as you go along. See related link for specific interview questions.

# Ask the attorney how much she/he charges per hour for attorney and support staff (i.e. paralegal, secretary) time. Is there a non-refundable retainer? Note than even with refundable retainer's you will not get any money back for the amount of time the attorney and his staff spends on your case before your attorney-client relationship ends. # Ask about extra charges and what they include. (i.e. discovery costs, expert witness fees, etc.). # Ask for an estimate of how much work and money will be required to successfully present or negotiate your case. Total cost is difficult since it may depend heavily on factors largely outside of your own or his control. # The temptation to settle for a flat fee may be high, but we suggest a monthly bill for the services performed. It provides you with a check on what your attorney is doing on your case each month. Ask about extending payments out over a period of time. # You should ask for an employment contract in which both the attorney's and your own rights and responsibilities are clearly defined. a. It should cover the fee schedule and accounting records for time expended.

b. Costs of hiring experts and other attorneys.

c. Grounds under which she/he may withdraw from your case.

d. Grounds for your terminating the contract.

e. Exactly what services are covered (i.e. will this contract also cover an appeal, if necessary?).

f. Read the contract very carefully and if you have any questions, ask. You may be able to negotiate other terms.

=== === === === A) After the interview, you may check out the attorney's reputation with other clients, attorneys and people familiar with the family law system. Check with the local bar association to see if any grievances have been filed against him. If so, be sure to find out what the grievance was for, and how it was disposed.

B) Try to find out from other clients the attorney's availability and promptness in returning telephone calls.

C) A source for professional and educational background information is the Martindale-Hubbell Law Directory. (Available at major libraries, law libraries, and online).

D) Visit the Family Law Court and watch the attorney in trial.

A) Remember your primary goal is to continue a strong parenting relationship with your children. Your legal parental responsibilities as well as maximum physical time are important, attainable rights.

B) Provide him with the relevant facts and help him plan the strategy for an out-of-court settlement or a trial.

C) Keep good records relating to your responsibilities and actions as a parent (Daily diary, photographs, tape recordings).

D) Have your witness list early.

E) Your attorney provides expert legal advise. You may dislike the way the Family Court operates, but you are not going to win in settlement or in court by attacking the system.

F) Do not use your attorney for emotional support. He is experienced in legal matters. Friends, relatives, or counseling professionals can help in this emotionally draining period.

G) Remember that you are the employer. If, after confronting your attorney with all the things that are not satisfactory and he has not responded, then you can fire him and seek a new attorney.

H) You must feel confident that your attorney is 100% committed to achieving the best possible environment for you and your children.

You probably don't need to hear this, but I'll say it for the sake of other readers. In my opinion, you shouldn't be having sex if you're not ready or willing to be a parent. No birth control is 100% reliable. Abortion isn't a back-up plan (especially if you haven't discussed it in advance with your partner).

As for your questions, I'm not a lawyer, and some of the specifics will depend on state law, but in general:

A father is responsible for financially supporting his children, whether he wanted them or not. (Unless they are adopted by someone else.) A father won't be forced to see his children, but it would be a lousy thing not to make yourself available.

Here is more from Wiki s contributors:

• In most cases the biological father is equally responsible for supporting a child/children. If in a situation where the couple are not married and the male does not voluntarily admit to being the father, a paternity test must be taken before child support and/or custody or visitation issues can be addressed. Some states allow a parent to petition the court for a voluntary relinquishment of parental rights and obligations. Contacting the clerk of the domestic or family court in the county or city of residence will help provide more specific information.