As a father, when you are seeking custody or even just visitation with your child, there can be many obstacles standing in the way. Of course, you'll have to establish paternity before you can even get the ball rolling with requesting custody, but there are other things that can make this process extremely difficult. For example, the child's mother being married to another man.
Contentious divorces are nothing new or revolutionary. But, what a lot of the movies miss out on discussing, is how complicated it is to divide a life and set up support plans. Movies and television focus on the emotional aspects of divorce (cheating! Secret families!) but rarely do they slog through the complicated formulas and guidelines that lawyers and judges apply every day. Child support is no different. This post is going to go over some of the most common questions involving child support.
The court determines custody and visitation based on what is in the best interests of the child. The only takes the parents into consideration as a facet of that over-arching paradigm. But, newborns offer a unique challenge. This post will go over infants and the legal issues they present.
Paternity suits are civil claims brought against an unwed father by the mother of their mutual child. The purpose of the action is to establish paternity. Paternity is the establishment of formal legal rights between a father and child. This post will go over the basics of paternity suits and how they are litigated.
Paternity is the cornerstone of father's rights. Paternity is the formal legal process by which fathers can secure legal rights to raise and parent their child. Unless you have paternal rights, you have no rights to your child ? no right to custody or make decisions for their well-being. Additionally, paternity subjects fathers to mandatory child support obligations.
Acknowledging paternity is the affirmative acceptance of paternity over a child. Paternity imposes duties on both the child and father. For example, the father must care for the child, and the child must obey the father. Paternity imposes significant duties of care on the father that can carry well into adulthood if the child is physically challenged or attends college. Fathers can rescind an acknowledgment of paternity, but it is a complicated process. This post will discuss the requirements to file a rescission successfully.
Paternity is the establishment of a formal legal relationship between a father and child. It requires the father to provide financial, emotional, and familial support to the child. In short, paternity requires the father to provide benefits to another person for at least 18 years (and sometimes longer if college is involved). In Texas, there are two methods to avoid paternity, denial and rescind.
Paternity can be established using a variety of methods, including through DNA testing and by implication. DNA testing is very accurate, however, paternity established by implication is more difficult to avoid. For example, if you were married to the mother when the child was born, is it is likely that you will be the assumed father.
A paternity suit is a legal action to establish parental rights over a child by legally declaring that a particular person is a father. These suits can be filed by the father or the mother. The mother would attach it because it would compel the father to pay child support. The father would file it to gain parental rights to participate in raising the child.
The short answer is yes; there are many grounds to invalidate a paternity finding or order a new test. DNA has greatly improved the accuracy of assigning proper paternity, but it isn't perfect. The tests are administered by humans, and there are many ways that they could go wrong. This post will go over some of those ways and how they could serve as grounds to invalidate a paternity action.