Couples who have a baby may not be married or the paternity of a child could be in question during a marriage. Paternity can determine exactly who the father is or is not through a simple test. In situations where parents aren’t married and the relationship has been broken off, the mother might claim an individual isn’t the father of the child. If the father wants to have visitation or custody of the child a paternity test can settle the question of who the father is.
Paternity cases are determined by the family law division of a court and are similar to a divorce, without the property settlement. The emotions in a paternity case are highly contested issues. If one parent has not had contact with the other parent for a long period of time, the emotional hurt can interfere with a smooth case.
Cases that involve infants are very emotional because a custodial and non-custodial parent have to come to an agreement about the right amount of custodial time and visitation. This type of situation can lead to intense litigation and extensive court hearings.
Establishing paternity for a married couple is relatively easy because if the parents were married when the child was born, it establishes paternity to the husband. If the parents got married and a child is born within three hundred days after the marriage, paternity will be established. For many fathers, a legally binding DNA test will have to be performed to prove the male is the father of the child.
Visitation And Custody
A father will not have any rights to custody or visitation with a child until a court has declared him the legal father of a child. This can create a lot of frustration for a father who is waiting to spend time with their child.
Once paternity is established a father can be held liable for back child support and medical expenses for the previous five years. This back child support will be subject to 10% annual interest. For more information about establishing paternity for a child, please visit http://divorceattorneystulsa.net/tulsa-paternity-lawyers/.