Establishing Paternity
Are you going through a divorce? Are there children involved? Do you suspect adultery? Are you being told “that’s not my child?!” Your Fayetteville, North Carolina, divorce lawyer Bryce D. Neier might recommend that you seek and obtain a paternity test. Some reasons may include: suspicion of adultery, not being married before or at the birth of the child, confirmation of the biological father or, eliminate a false claim for financial gain. All of these situations should be taken seriously. Your Fayetteville divorce and paternity lawyer will only advise you to pursue one when it’s in your best interest.
Why Take A Paternity Test?
In cases where there is suspicion or proof of adultery, a paternity test can validate whether the father is the biological parent or not. This can eliminate attempts to claim someone is a child’s father for financial gain due to being related or not. If child support or custody rights are on the line, your Fayetteville divorce attorney may advise you to take the test if you sincerely doubt whether the child is yours.
If not married before or at the time of a child’s birth, the father’s legal status regarding custody is diminished until paternity is established by and through formal adjudication processes and certified and accredited parentage testing labs. Please note that “off-the-shelf” store-purchased DNA kits are normally not accepted into evidence in most courts. See below for further explanations.
The declaration of paternity process legally ensures the father specific custodial rights and responsibilities as a father. Some of those responsibilities include a legal obligation to provide specific financial support for the child. If you or a loved one needs legal assistance with regard to paternity cases, call on The Law Office of Bryce D. Neier, PLLC, for help. We can be reached [ or via email.
Types Of Paternity Tests And The Courts
There are two types of paternity tests – over-the-counter and physician and/or accredited lab-administered tests. While over-the-counter tests are inexpensive, they are often unreliable in a court of law. These tests are easily manipulated and may not carry the legal merit needed. On the other hand, DNA samples taken by a physician or other accredited labs and officials are usually held up in court.
It’s best to consult with your Fayetteville divorce attorney before subjecting yourself or someone else to these types of test due to potential unwanted expenses and additional heartaches. The easiest and most amicable way may be for the mother and father to sign an affidavit of parentage formally adjudicating paternity. The two parties can sign an affidavit at a number of institutions your Fayetteville divorce attorney will help identify for you. If none of the above is agreed upon, a court order may be required to establish the paternity.
Are There Any Legal Benefits For Establishing Paternity?
The goal of establishing paternity is to ensure the child or children have the same legal rights and benefits realized by children with married parents. Here are some of the benefits that may be determined and accessible:
- Medical insurance
- Life insurance
- Inheritances
- Family medical history
- Financial support
- Custody and visitation rights
- Decision-making rights
Fayetteville Child Support And Paternity Test Attorney
Establishing and challenging paternity can be an emotional process, regardless of the reasoning behind it. Having an experienced and dedicated law firm guiding you along the way can help minimize the negative impact. If you or a loved one needs legal assistance with regard to paternity cases, call on The Law Office of Bryce D. Neier, PLLC, for help. We can be reached toll free at (910) 423-5000 or via email. We are available weekdays, weekends and even on holidays.