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| Paternity |
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Paternity
Paternity, or filiation proceeding, is a suit which determines parentage. It is through a paternity suit that majority of the fathers are forced to support their illegitimate children. Once the court determines the status of fatherhood, the obligation to support the child is imposed. The state instigates most paternity proceedings, in an attempt to recover public funds paid by the state to custodial parents, who have the legal obligation to cooperate in instituting the proceedings.
In some states, the paternity proceeding is conducted similar to a criminal proceeding. The court issues a warrant for the arrest of the putative or alleged father. A jury may be called upon to render a guilty or not guilty verdict. Most states, however, treat this more as a civil proceeding. A child can bring the action before he or she reaches the age of majority, hence, the existence of an 18-year statute of limitation.
Who May Initiate the Proceeding
Whether on her own, or at the prompting of the welfare department, the mother, as a general rule, initiates the paternity proceeding. The child, on the other hand, is often also given standing to sue through a guardian ad litem, or court-appointed representative. If it is the mother who brings the action, it is crucial to make the child a party to the proceeding and be represented. Without representation, the child, in some states, will not be legally bound by the judgment.
Test to Prove Paternity
Preponderance of evidence may be necessary to establish paternity. Some states, however, require clear and convincing evidence to prove filiation. DNA test, considered 99.8 percent conclusive, is the most common test used for proving paternity. If a putative father refuses to take a DNA test, most states shift the burden of disproving paternity to the defendant. To avoid the cost of the test, a father may choose to file a voluntary acknowledgement of paternity.
Each state has its own requirements on how to determine the parental rights for fathers. You may want to consult an attorney to know what is applicable in your circumstances.