Problems You May Encounter With Paternity

Father and daughter having funIn many cases, when a baby is born, paternity is assumed because the couple is married, a form is signed, or the father agrees to have his name put on the birth certificate. There are many reasons why paternity is important for everyone involved, as it secures support for the child and the father is held accountable for caring for the child. However, there are some issues you may encounter regarding paternity – and then you will need our help.

“Paternity Fraud” 

Unfortunately, there are many cases in the U.S. of fathers supporting children who are not theirs on a biological level. The statistics are astonishing: 30% of men could be, at any given time, supporting a child who is actually not theirs. The problem is that courts are failing to release non-biological fathers from support obligations even when DNA is used as proof. Another problem is introduced when a mother files for state aid such as welfare. This will automatically open a support case against the father.

Unwed Fathers 

Another problem lies with the fact that fathers are not given any legal rights to their children until paternity is formally established. If these cohabiting couples break up, this is where problems are introduced. This is mainly due to the fact that a mother is assumed to have full physical and legal custody of her child until the father can prove paternity. Once the father is recognized as the father, then he has the right to file for custody or visitation.

Establishing paternity means a lot of things for both parents, which is why it is important to start your case today. Call us at The Law Offices of Amy M. Montes for more information on how we can help you.