What Is A Paternity Test? Why And How To Establish Paternity?
By definition, a paternity test determines if a man is the biological father of a child. Blood, in most cases, is taken and used in the testing, although blood samples are not required. A paternity test can provide accurate results without requiring the use of an invasive method. Collecting cheek cells from the alleged father’s mouth is the most common non-invasive method available–it can be carried out before or after the child has been conceived.
Why is it important to opt for a paternity test?
Having a baby is not just big news; it’s a real life changer. Therefore, all the questions and concerns regarding the child’s father should be addressed accordingly. A paternity test will do just that, eliminating any doubts that anyone may have, giving the alleged father the answer he needs. Is he the father of the child? Whether yes or no, the test results will shed light on the path he needs to take. A rather common example of why you should establish paternity would be, if a man finds out years down the road that an ex-lover had a child and she thinks the child is his. I think most men would have a paternity test to establish paternity of the child before they jump in and support the child emotionally and financially.
Why should parents establish paternity as soon as possible?
Unfortunately, if the child is born out of wedlock, the alleged father will not automatically acquire parental rights. For that reason, among others, it is of the utmost importance that paternity is established. Once it is, other pressing matters, such as child support, can be addressed. More importantly, the alleged father will obtain legal rights over the child in question. Without such rights, he is not obligated to support the child financially, nor can he file for custody.
How to go about establishing paternity?
The alleged father can sign the birth certificate. It is actually necessary, in some states, for parents to sign an “Affidavit Acknowledging Paternity” form, or something to that effect. The sooner it is signed, the sooner the alleged father can use the form to get his name put on the child’s birth certificate.
Another way to establish paternity is to get the courts to act on the paternity issues. If the paternity test proves the man in question is indeed the biological father, a formal complaint can be filed if he, for whatever reason, denies paternity. The easiest way to file such a complaint and to simplify the long process is to contact an attorney; the attorney will prepare the court documents to conduct a hearing. It is up to the father to raise valid points at the hearing, stating why he should not be declared the biological father.
This article is provided by the Cantor Law Group of Phoenix, AZ. The Cantor Law Group is made up of Phoenix Divorce Attorneys who have years of experience in handling a wide range of family law matters, including establishing paternity.
Going through a divorce is a difficult process. This is especially true for children, who often do not understand the factors behind the decision to separate. Parents who want to help their kids cope with a divorce should be sure to encourage honesty, keep communication lines open, maintain good health, and get help when it is needed. For best results when it comes to legal separation, divorcing couples may want to consult with others who have gone through the process in the past. One thing to keep in mind is that when you are faced with divorce you don’t have to go through it alone.
According to Kids Health, encouraging honesty may be one of the best ways to help kids cope with a difficult divorce. Children of an age should be made aware that their feelings are important, and that they will be taken seriously in this difficult time. Being truthful with all parties involved in a divorce will not only ensure a smoother process, but may also be beneficial when it comes to understanding why the separation is taking place. Parents should be open and honest when faced with difficult questions during divorce to help their children cope with the situation.
Keep Communication Lines Open
In addition to maintaining honesty, keeping the lines of communication open is also crucial for parents who want to help their children cope with a divorce. In many cases, it is hard for kids—especially those under the age of 13—to put their feelings into words. Instead, they may internalize their worries, concerns, and fears, which can have dangerous long-term effects. To avoid these situations from occurring, parents should talk to their children early and often about the divorce. Legitimizing their concerns, asking about their feelings, and engaging in other similar behaviors are all great ways to help children open up when faced with a divorce.
Maintain Good Health
As mentioned previously, divorce is often an extremely stressful time. When compounded with financial or custody battles, the situation can be even more difficult. Finding ways to combat stress and keep oneself healthy is important not only personally, but also for the sake of the children of divorcing parents. A healthy mother or father is not only better able to handle the challenges associated with divorce, but also can provide better care and support for the children in the situation. Following a healthy diet, engaging in regular exercise, and seeking medical assistance when needed are all great ways to maintain good health during a difficult divorce.
Get Help When Needed
No matter how hard a parent tries, he or she may not be able to help their children cope with a divorce alone. Instead, assistance from outside experts, such as a psychologist or social worker, may be beneficial. Individuals who face an especially difficult divorce may want to consider consultation with a divorce attorney. These experts may be able to provide advice and recommendations when it comes to getting in touch with additional providers and resources to assist with a challenging divorce.
SimplyLili is a PhD student in Social Psychology, and an avid blogger on a plethora of topics that warrant social responsibility. She is a self-proclaimed nerd, and her 3 fave things are cheesecake, rainy days, and pugs.
Let’s get real here – an unmarried pregnant mother is brought to be the centre of constant ostracisation, regardless of the culture she hails from. It’s not common for her parents or siblings to abandon her during this extremely delicate phase in her life, especially when she requires the most affection and attention. Trying hard to make ends meet, there are countless stories of single mothers who have, and still are raising their kids from the cradle onwards.
Worse yet, if a child’s biological father seems to be denying this truth, the provision of child support to the mother for the upbringing of her child fails! However, all hope is not lost and help is at hand by means of paternity testing. As a legal citizen, here’s how you can go forth about this matter.
First things first, what is paternity testing and how is it done?
Also known as ‘DNA testing’, this body examination is carried out by simply grazing the tip of a cotton bud around the inside cheek of a subject, which is then preserved for analysis in a medical laboratory.
Since blood relatives possess a similar trait of DNA strings in their body cells, this can therefore help in determining whether two entities are genuinely related, such as a parent and child. If ever a controversial question arises, here’s how you can tackle it:
1) Follow the guidance of an authorized lawyer.
No one knows the law as fluently as an attorney-at-law and getting hold of one who’s exclusively specialized in the fields of determining parents by DNA testing, child support and child inheritance shall render your daunting task of claiming your rights much less complicated than it’s supped to be.
2) Make sure to always carry out all steps by means of court jurisdiction.
This may seem cumbersome at first, what with DIY paternity test and all, but a rule-of-thumb to always remember is that a DIY paternity test process isn’t accepted as legit evidence, since cheek swabs are generally carried out in person, rather than by a licensed doctor or nurse.
Anyways in conclusion, a DIY DNA examination comprises of costs and commitment ratios equivalent to that of genuine paternity tests, so it makes sense to opt for the latter.
3) Obtain a court order mentioning the consent of the subject(s) being tested.
This is mandatory, for obtaining samples of DNA sans the approval of an individual can cause potential convictions of prosecution under parent-and-child acts! If ever a partner refuses to give consent for this purpose, then beginning a lawsuit under the guidance of your lawyer shall be required.
4) There’s an exception to every rule.
In certain case scenarios, biological fathers who attempt to claim custody of their child/children against their mother’s agreement are comprehensively evaluated on their behaviour with their kids by most court judges, such as the amount of time spent with the child, emotional proximity and any compensation offered for child support.
These miscellaneous factors also contribute to the determination of a child’s father, along with the results of cheek swabs!
Megan Tyler is a journalist and a veteran content writer. She has experience in copywriting and journalism. Presently she is exploring and writing on various subjects but at the moment appended by Graco travel system.
There has been a lot of media attention placed on prenuptial agreements in recent years, but what many people do not realize is that drafting and agreeing to a postnuptial agreement is becoming common practice. A postnuptial agreement is similar in content to a prenuptial agreement, but obviously happens after a couple has exchanged vows.
Many couples are turning to this type of agreement to proactively deal with any issues should their marriage end, either by death or through the help of a divorce attorney. A postnuptial agreement effectively sorts out any legalities in a way that the two individuals consent to and allows them to live worry-free about that particular aspect of their future. There are four major benefits to signing a postnuptial agreement that many couples cite.
Effectively Solves Arguments when No Other Options Exist
Though some see this form of problem solving as a fairly corporate way of troubleshooting, others report that a postnuptial agreement has had the benefit, in their marriage, of easing tension and solving fights. It is commonly known that a principal cause that leads to disagreements in a marriage is that of financial matters. A postnuptial agreement takes the daily stress out of the financial discussion, and many couples have found this to be an excellent step in saving their marriage.
Divides Assets in Advance
Many couples find it helpful to end the stress and worry about what belongs to whom and how this will be decided in the event of a death or divorce by entering into a postnuptial agreement at some point during their marriage. For couples that are contemplating divorce as an option for ending their marriage, dividing the assets while the marriage is still intact is often a much cheaper and agreeable option for all parties involved.
Determines Child Custody Should the Need Arise
The postnuptial agreement is also commonly used to determine child custody for couples that have children. Parents find this helpful for a variety of reasons. A common reason this is found to be helpful is that in the event of a divorce, they can ensure that it will be as pain-free on the children as possible.
A Strategy to Protect Against Divorce
Though some worry that a postnuptial agreement will only increase the ease of getting a divorce, many couples see the benefit of a postnuptial agreement while in couples therapy. Instead of fully separating, it sometimes helps couples to legally understand where their boundaries lie, and this can often stop a couple from getting divorced.
Though postnuptial agreements are not as common as prenuptial agreements, they are becoming an increasingly popular strategy used in creating successful marriages and, if necessary, easier divorces. A postnuptial agreement can be drawn up by an attorney and signed by both parties. Afterwards, there will be a legal as well as personal understanding of what each person expects from the marriage, what each person is willing to give, and how the couple can work moving forward to build the best life possible.
SimplyLili is a PhD student in Social Psychology, and an avid blogger on a plethora of topics that warrant social responsibility. She is a self-proclaimed nerd, and her 3 fave things are cheesecake, rainy days, and pugs.
These days there are more and more marriages that don’t make it very far. It has been blamed on the culture and the way we are no longer willing to invest the hours and effort in making the partnership work. Whatever the reasons, we are sometimes faced with the inevitable breakdown and resulting consequences. Divorces are a painful process and all too often we can lose our cool and our dignity. But they do not have to be quite as torrid as this and here we examine some ways in which we can make the divorce procedure a little less nasty.
As well as the financial and practical issues we deal with when we divorce, we have to be able to face the emotional aspects as well. The grief we will go through is going to be immense. You need to be able to receive professional help if you are to ever recover emotionally. Coping strategies have been developed to help us overcome the initial feelings that hit us. The following sensations are ones we are most commonly overcome by:
- Feelings of rejection.
- Feelings of anger and resentment
- A sense of emptiness and hopelessness
- Feeling emotionally wounded
There are ways to overcome all of these awful feelings, but it must be done correctly and by using the best help available.
The best way to deal with the lawyer and court issues is to be positive. This is a stressful part of the process but you need to realize how vital these actions are. You will be legally free of any responsibilities and your possessions will be split as per the agreement. Perhaps you can get some positive vibes by knowing you will no longer feel emotionally responsible for your partner’s actions any more. If you have children involved then the court case can be particularly messy. Try and aim for a friendly case and look for a lawyer that sees things the same way as you do.
Do Not Be Bitter
There is no point in making this business any nastier than it needs to be. If you feel hard done by because you have lost your favorite car, try not to show this emotion. If you offer your spouse the choice of what items and percentage of your assets to take, you may be surprised how fair they are. Usually possessions are clearly split as ‘Yours’ and ‘Mine’ and this may be the case when you settle up the items.
Children And Divorce
Without a doubt, this is the hardest factor when considering a divorce process. But you need to set out the objectives and goals clearly before the court case begins. As couple you should be able to decide the visiting rights and times by yourselves. Try as hard as possible to not lose your control in front of your children and avoid using any emotional blackmail. Above all you should tell your kids that you love them and make them understand that the divorce was not their fault whatsoever.
Beatrice Mackenzie is the author of the above guest post. She specializes in providing great advice to people who are facing legal issues. She recommends Springwood Lawyers for any kind of legal services, including divorce problems and property issues.
Who is the father and what are his rights with regards to paternity testing? First things first, paternity stands for legal fatherhood and the rights relating to paternity are challenged, questioned and established through the proceedings of a family court. Paternity rights, policies and requirements differ with each state. The county and the state where the action gets filed depend upon the father and mother’s place of residence.
With most cases in a family court, the judge should use his interpretation or understanding of the law while making a decision after considering the opinion and testimony presented in the court of law. However, the process of paternity testing is a bit scientific in its approach. A DNA or deoxyribonucleic test helps establish paternity. The results of the testing are given in terms of percentage, which determines the levels to which the person and the child are related to each other.
Who is the Father – Tests
Either saliva or a blood sample from the possible father and the child is taken to accomplish the test. Making use of a saliva swab for testing the DNA has made it quite easy and painless for people to accomplish the test results. All the samples should be taken and the tests must be conducted in a laboratory, so that the sample does not get contaminated during or after the testing process. A doctor is not essential for purchasing a test and it can be shipped to the laboratory for determining the results.
Paternity Testing Positives
Paternity tests are known for being controversial in nature to a great extent; however, its efficacy cannot be doubted or ignored as it has helped people determine the biological father of a child. It is a fact that paternity tests have been made use of in several cases of family law for determining paternity rights, wherein a mother might have been seeking the father’s support on financial lines. It also makes it certain for the father that the child is biologically his, which leads to an emotional bonding between the father and the child. Financial support is not just critical; it is also essential. However, the father’s encouragement and love is also critical to the happiness of the father and the child.
With the ascertainment of the child’s paternity, there are several other benefits as well:
1. The child would be able to inherit from the estate of his father.
2. The child can obtain disability benefits or Social Security of the father.
3. The child would come to know the medical history of the father’s family.
4. The kid will also have access to the health insurance benefits of the father.
The law in several or most states of America is that a baby born during a marriage would be assumed the kid of the wife and husband. The assumption is not for certain and, therefore, the man in the marriage can undergo a paternity test. Another common myth is that the name of the father listed on the birth certificate of the child does not prove the child’s paternity or is not good enough to answer the question ‘who is the father of the child?” For more information on this topic, please visit http://en.wikipedia.org/wiki/Parental_testing
Every kid has the right to receive proper care and child support from his or her parents whether they are living together or not. Separation or divorce may have lots of consequences but it should not affect the rights of the child. There are ways to sustain a child’s needs even if the parents are not living together. A non-custodial parent can help by sharing the costs of parenting to the custodial parent. For instance, if you and your former partner are having trouble thinking how to divide expenditures in rearing your child, you can consult lawyers, specifically child support lawyers, to sort things out.
Lawyers or child support lawyers can help you a lot in protecting your child’s right to benefits. Lawyers have years and years of experience and knowledge when it comes to the law so things can be discussed properly in terms of support payments and other costs associated in raising your child. If you are having a hard time looking for lawyers in your area, you go online to see the nearest law firms or lawyers in your area. Once you have gathered lawyers names and lawyers contact information, you can call the lawyers on your list and choose who among them is able to help you most. Lawyers who have handled child support cases in the past are the best to consult.
In order to apply for the program, you must first be able to establish the paternity of the child. This means that you, your child, and your child’s father may have to undergo certain lab exams such as genetic testing. Genetic testing is fast and accurate. It can be done by doing a blood test or saliva test to prove that you and your former partner’s DNAs match. When doing the test, it is important to get lawyers or a representative from the child support local office so they would know that the results are authentic.
There are also instances wherein the mother and the father of the child is about to separate before the child is even born. If the father of the child is present by the time you deliver the baby, you may request him to sign a simple legal form called the Affidavit of Parentage. This affidavit would state that he is the child’s father. Once the form is signed by the baby’s father, you need to fill-out other details on the form and have it sent to the Division of Vital Records. It would be best to do this step by the time you give birth so that the hospital staff can serve as a witness and can assist you in completing the form free of charge.
Establishing paternity is important because it allows your child to receive his or her benefits. Child support benefits may include veteran’s benefits, life insurance, social security, health insurance and inheritance. It ensures your child that he or she will still get support in case mishaps like death or sickness happens. It would also help you keep track of any possible health disorders, illnesses, diseases and birth defects that your child may inherit. If your child becomes sick, you may seek assistance from your lawyers and family doctor to look into your child’s father’s medical history to see any possible genetic flaws.
Overall, your child needs and deserves support from both parents. Whether it is emotional or financial, a child should have guidance from both parents. Some parents think that they can get by on their own, forbidding their children to get the care that their child is entitled to. If you are in such situation, it could be difficult to strive alone and live without any assistance from your child’s father. Lawyers cannot demand child support without legal proof of paternity that is why it is important to establish paternity as soon as possible than to wait for problems to arise in the future.
When families have children, then issues of child support, lawyers and other matters that affect the child will need to be considered. This is especially true if the child is born in a marriage or family that is about to break up. Ideally, any child born within a marriage is considered a legitimate child and both parents have full responsibility of raising the child together. Thus if the couple were to divorce or separate or stop living together as man and wife, then certain legal issues may arise which may need to be addressed by lawyers who deal in matters of family law.
Basically, it is very important to consult family lawyers whenever any couple is considering splitting up. The reason is that a good lawyer will be able to adequately represent their client and seek to ensure their best interests are taken care of. Even if one partner has a spouse, the other should consider being represented by any of a number of family lawyers available in their city or state. A lawyer will always represent their client’s best interests and since a conflicting couple will have conflicting interests in matters such as child custody and alimony payments just to quote a few.
One issue that sometimes does arise is the issue of child paternity. There are several ways this can come up. Paternal issues basically refer to the legal acknowledgement of the existence of a relationship between a child and a man. A father who gets a child within a marriage will enjoy presumption of legitimacy. This is a principle in law that presumes any child born within a wedded couple will be a legal child to the man as well as the woman.Many lawyers accept this principle in common law, including family lawyers.
Whenever there is evidence that this assumption or presumption is erroneous, then there is need to engage this in a court of law. Issues of paternity can be quite sensitive and should be discussed by the adults only in the presence of their lawyers and away from the child. The reason is that the child will not be mature enough to take in the gravity of the discussions that will result. The results of any paternity challenges will involve child support, visitation rights, parental responsibilities as well as opportunities and obligations. This is why it is important to have really good lawyers especially considering matters that may arise such as child support issues.
Good lawyers who are capable of representing couples in matters to do with paternity, child support and related matters need to be those lawyers specializing in matters of family law. These lawyers will need to be experienced in their work, understand the law within their state, the implications of any decisions made that affect the child or any children thereof as well as should not just act in the best interest of their client but in the child’s best interests as well.
This will necessitate the inclusion of matters such as child support, visitation rights, access to the child and many other matters to the final agreement. Some of these will need to be determined by a court of law. The lawyers will need to consider the welfare and well being of the child and this includes duties, rights and obligations of both parents, including child support matters.
In order to satisfy the necessary requirements when you are applying for child support, it is important to be sure that the person you are applying the support from is the biological father of your child. It is estimated that close to 35% of men are raising children that are not their own. Although, in about 30 states in the United States, once a man is already paying child support, he cannot challenge the paternity of the child. For this reason, a paternity test is always necessary for such a process to be justified and successful. Lawyers are often helpful in this process, although it is possible to make an application on your own.
A single parent, who has been taking care of a child without public assistance, has the right to child support. In every state, there is an office that facilitates the application of child support services. A parent that requires these services is expected to make visit to the local courthouse or make a phone call regarding the same matter. Instead, she can choose to hire her family lawyers to follow up on the application process.
If there are certain things that you will need to sort out with the alleged father of your child, your lawyers will be necessary to provide the proper counsel. Once the application has been submitted, a child support hearing will be set where you and the father of the child will have to attend. Your lawyers should advice you to carry all your documentary evidence including bills and financial statement. If the respondent contests the paternity of the child, then a paternity test will be ordered by court. The lawyers should also be in a good position to advice you accordingly.
The importance of conducting a paternity test is not only for the benefit of the respondent but also for the child. Ideally, your lawyers would advise you that, for avoidance of doubt on the paternity of the child, conducting a DNA test would be sufficient. This is good advice because this test will enable an applicant to have a stronger legal support during the application; this applies to both parties. Ideally, a parent filing for child support has the burden to prove or show that the respondent is the biological father of the child. However, a man can also swear an affidavit or give testimony in court to agree to the paternity of the child and the terms of child support.
Lawyers are quite instrumental in this process. As much as the child support services are legally expected to provide speedy and fair services to parents seeking out support, lawyers will always prove to be the best way to go for a parent who wants the best for her child. Family law lawyers or lawyers that have specialized in child law are ultimately the best choice for such a parent. Therefore, if you need to apply for child support for your child from his father, you can always choose to hire the best lawyers.
Dealing with the issue of child support can be a challenge. If you break up with your partner and have a child with them, and you are looking after the child most of the time, you do have the right to receive child support payments from that person. They are responsible for covering some of the costs in taking care of that child if you are doing the work, but it is not always that easy. You need to go through a legal process in order to start receiving child support and ensure you get the money owed each month.
If the father refuses to give you the child support, you may need to do a paternity test. A man will often use the issue of not being sure the child is actually his in order to avoid paying the child support. If this is the case, you will want to go through and get a test done as soon as possible, to prove he is the father and get him to start making payments. During this time, the payments he is supposed to be making will add up so you will eventually get them in a lump sum, as long as the child is in fact his.
Hiring lawyers is really important during this process. They will help get the process started and ensure you start receiving child support payments as soon as possible. With lawyers there to help, it really takes the stress and worry off of your back because lawyers understand the process and the rules and laws involved. They are going to make sure you go through this the right way, without causing any problems and without any unnecessary wait time.
Your lawyers will go through the proper facility in order to establish paternity. The father will be forced to complete the test and once the results come in, if he is proven to be the father, he is required to stay making payments for child support immediately. If the father does not pay, the money will be taken automatically off his work check, or through other means. Your lawyers will ensure this happens. He may also hire lawyers, and your lawyers will work with his lawyers. The lawyers work together to avoid you having to contact each other over this situation. As a legal situation, the lawyers will head up the cases and each set of lawyers will fight for their client’s case.
If the father is not working at all, you may have to wait for the child support payments but the money will still be owed in most cases. It can be tricky to keep up with your child support payments, especially if the father is not making a lot of money or not working at all. However, this is not something you should forget about in that event, because this is money that you and your child are owed.
Breaking up with someone is never easy, especially if there is a child involved. Not only is it detrimental for the stability of your child in general, but it also adds a lot of stress onto your life because there are so many legal issues you now have to deal with. Child support is one of the most complicated issues you will face, but with professional, experienced lawyers by your side, you can feel confident knowing they will help you through it. If you need to go through with child support because you have a child but have broken up with the child’s parent, this is the proper process to follow and hiring lawyers is much to your benefit.