Challenging Paternity
The concept of Contesting Paternity for most men faced with this situation from my experience is one approached from a fearful state. Due to this fear of having to take action many times these men become overwhelmed mentally and do not do anything. They often run from their problem and complain behind closed doors. Which in the long run does nothing and they are on the hook for the next 18- 25 years of the child’s life supporting them financially.
Why many men do not challenge paternity?
There are several reasons why a man may not challenge paternity.
- He is attached the child
- He is in love with the mother of the child that he refuses to believe the obvious. Even if friends, family and casual associates provide proof.
- Finances play apart of decision making because many men who are in these situations believe they need an attorney to file a petition.
- Listening to someone else who had a similar situation that did not turn out favorable.
- Too Emotional
These are just some of the most common reasons I have encountered on why some men do not challenge paternity.
The one reason I will expound upon is number 5. Emotions! From the conversations I have had with these types of men. What they all had in common is they all seemed to
All of these emotions often times confuses many men not to take action. Therefore these men end taking on a responsibility of supporting a child that may not be biologically related to himself. Today, I will explore the concept of challenging paternity.
Challenging or cancelling a paternity declaration can be a challenge. As I understand it. Alleged fathers are granted 60 days to rescind paternity.
Please keep in mind that you will have 60 days from the date in which you signed the VAP form at the hospital to fill out and complete a rescission form. After the 60 day period the this form can no longer be used. It also important to note that a rescission form can be signed by one parent but the other parent must be notified by certified mail of the rescission.
If the 60 day period has elapsed and you need to contest paternity. Then your only recourse is to file a petition with the court. Once you file a petition, It is still up to the judge’s discretion based on the information you (alleged father) submitted to court that supports your reasoning to contest paternity.
The above information pertains to unmarried men. For married men, they are automatically deemed the legal/presumed father of a child born into a marriage. If the husband finds out he is not the biological father of a child. It still will be a difficult task for him to challenge. The longer you wait to perform a DNA test for paternity. The harder it will become to contest paternity in court.
As always, I recommend that you contact a family law attorney or a skilled family law paralegal in your state that can assist you further with all of your options and to get you up to speed on California’s state paternity laws. It also recommended that you do some research on your own about your state laws before see a legal professional. This way, you will be armed with enough knowledge to choose the best legal person to represent you if you decide go that route.
Challenge Paternity by definition: When a paternity action is placed against a putative father. And the putative father believes he not the father. It is at this point in time the father has a choice to contest paternity. If the alleged father decides to contest his paternity he can do by asserting that he is not and/or, request a DNA test to disprove his relationship to the child.
It is important to note, that if the putative father fails to respond to the paternity action or, does show up in court. It will be considered a default judgment and the Judge normally would rule in the mother or legal guardian’s favor. This also means you will be held in contempt of court in which you may have serve jail time and/or pay a fine. The process I just described refers to unmarried men.
Can a married man challenge paternity?
Yes. But this is a bit more difficult for a husband to pull this off. Divorces are usually the time to challenge paternity.
Normally, a good reason to must be presented to the court in order to challenge paternity. If granted, the will allow a DNA test to be taken. DNA testing is the strongest, most effective medium to determine a biological relationship between 2 or more people. If you would like more of your questions answered on the paternity testing process.
Please note, each state’s paternity laws differ slightly. Their laws is Therefore, it is recommended that you consult with an attorney to learn more about your state’s paternity laws.
Can a man force a paternity test?
A man can file a petition with the court in order to get a disagreeable mother to perform a DNA test. If she refuses to respond to a court order or miss the court date. She will be held in contempt of court.
Please check out my new E-Book on Amazon called Are You? Or, Are You Not The Father? The Complete Question & Answer Guide to The Paternity Testing Process. Get Access Now.
