• Paternity in marriage

    PATERNITY AND MODERN SCIENCE
    Paternity cases increasingly use scientific evidence. The blood tests used during much of the last
    century were useful only up to a certain point. They might prove that a man was not the father of
    a certain child, but could not prove that he was the father. New tests that sample the DNA
    (genetic material) of the child and the supposed father are nearly 100 percent accurate in
    proving or disproving paternity.


    May an unmarried mother legally force the father of her baby to support the child?


    Yes. Both parents, married or not, have a duty to support the child. If the father admits
    paternity, the mother should have him sign a statement to that effect. Then, if necessary, it will be
    easier to force the father to help support the child. If he does not admit to being the father, the
    mother may file a paternity suit against him. If this civil action succeeds, the court will require the
    father to provide support. Sometimes the court also will require the father to pay for the
    mother's pregnancy and childbirth expenses.

    If a court decides that a man is a child's father, how much will he have to pay in
    support?


    The law requires unwed parents to support their children the same as married parents. Child
    support guidelines, which have been enacted in all states, will determine the amount of support.
    As with children born to married parents, the obligation of support usually lasts until the child is
    an adult. If a father refuses to support his child, a court may garnish his wages, seize his
    property or bank accounts, revoke his driver=s license or professional license, and perhaps even
    send him to jail.


    What may a husband legally do if his wife bears a child that is not his?

    The law presumes that a married woman's child is her husband's. He must support the child
    unless he can prove in court that he is not the father. Some states assume the husband is the
    father no matter what proof he presents. These states do not allow a husband to disprove
    paternity of a child born during the marriage.

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