Paternity laws can vary by state, but the gist of it is that the court only has to consider who the legal father is. The biological aspect with DNA testing only comes into play when there is no acknowledged legal father and the court has to determine who the biological father is. Deciding who gets to be the legal father is usually required when the court has been asked to decide child custody or child support lawsuits.
Do you have additional legal questions regarding paternity, child support, and child custody? Our family law lawyers are here to help and answer any questions you may have. Contact a family law attorney near you today for more information.
Listed below are the main types under which paternity is categorized:
Acknowledged paternity is where the father accepts the child born out of wedlock as his own. The presumed father is one who was married to the mother at the time the child was conceived, accepts the child as his own and raises the child as his own. Biological paternity is where the court decides who the unwed father is based on a paternity test.
A stepfather may be considered as the legal parent responsible for child support only if he adopts the child as his own. If the mother remarries but the stepfather does not adopt the child, then the biological or acknowledged father is one who will still be considered the legal father who can ask for child custody or visitation rights and be held responsible for child support.
Would you like more information regarding paternity laws? Our child custody attorneys are here to help. Contact an child support attorney in your area today to learn more!
Did you know?
You cannot be repaid for child support payments if a paternity test shows you are not the biological father.
If you have been paying child support and then find you are not the father, you cannot ask for refunds from the mother. You can, however, track down the biological father and ask for repayment of the full amount.