-
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.
0 comments: