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Paternity
Paternity is defined as the quality or state of being a Father. The
person wanting to establish Paternity can either be the Mother,
Father, or child, depending on the individual desires of the parties
involved. With science giving us more accurate testing, the matter
of establishing paternity is easier and more reliable than in the
past. DNA testing methods include SWAB Test and DNA Genetic
Identity. DNA testing centers are easy to locate and the costs are
reasonable. For this reason, most paternity matters are settled
prior to trial. In addition, Complaints and Petitions to establish
Paternity are now often routine and agreed to by all parties. The
resulting child support and custody proceedings are also involved.
There are three main ways in which paternity is typically
established; by a paternity affidavit, by an administrative order
based on genetic test results, or by a court order. Some state laws
provide that both persons who sign the paternity affidavit waive any
right to bring a court or administrative action to determine the
parentage of the child other than for purposes of rescinding the
affidavit. If genetic test result is returned which identifies the
father, an administrative order of paternity is issued and the
matter is set for an administrative support action.
Children born to unwed persons do not automatically have a legal
Father without a Paternity action establishing the identity of the
Father, whether agreed or contested. Note: Some States allow the
establishment of Paternity by the execution of an Acknowledgment of
Paternity form without a formal Court action. |
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