If you want to establish any type of Court orders for legal decision-making authority, parenting time, or child support, you will first need to establish the paternity of the Father in the action.
There are a few circumstances you can assert in your Petition to Establish in which a Court will presume paternity, such as:
- If you are married at the time the child is conceived
- A DNA test determines at least a 95% chance of paternity
- If both parents have signed the birth certificate
- If an acknowledgement of paternity has been signed by both parents
However, if none of these circumstances exist at the time you file to establish Court orders, you can still prove paternity by the parties either agreeing, or by requesting the Court order the DNA testing occur.
Conversely, if one or more of the above circumstances exist, but you still do not agree that the presumed Father is, in fact, the biological Father, do not fear- these are rebuttable presumptions. Typically this happens when a child is conceived while the Mother is married, but the Husband is not the Father. In cases such as this, DNA testing can also be requested and ordered by the Court.
For more information on DNA testing, look for next week’s blog post.
If you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at (480) 994-8824 to schedule your free 30-minute consultation.