When a relationship ends and there is a child involved, paternity disputes can arise. These cases can have serious consequences for a father’s rights and financial well-being. It is essential to work with a family law lawyer that has experience with these kinds of cases so that you can come up with a strategy for your situation that will lead to the best possible outcome.
In some situations, a man will want to challenge his paternity because he may not want to pay child support. A father who wants to challenge his paternity will need to show that he is not the biological father of the child through a DNA test or blood test. He will also need to prove that the mother knew he was not the biological father and that she knowingly misled him.
The father’s lawyer can help him with these types of challenges by preparing and filing the appropriate legal paperwork to initiate the court case. The lawyer can also help him develop a strong case that will support his argument. This is important because the judge will need to see that he has a solid case before he will side with him in a courtroom.
A judge will usually order a DNA test for the mother, the alleged father, and the child. The results from this test will determine whether the man is the biological father and will impact matters like time sharing, custody, visitation, and child support. The court will use a preponderance of evidence standard to make these decisions.
If the mother and alleged father sign an Acknowledgement of Paternity, they are generally considered to be the child’s parents for family law purposes. However, if the alleged father is not the biological father and he has not signed the Acknowledgement of Paternity, then he can file a petition to vacate it. This is only possible within sixty days of signing the Acknowledgement. A case can only be filed to vacate the Acknowledgement of Paternity if there was fraud, mistake, or duress.
Paternity disputes are serious and can have major implications for a father’s financial well-being, his ability to spend time with his child, and his responsibility for paying child support. A Miami divorce & family attorney will be able to help you understand how the process works and how to handle it in order to get the most positive result from your case. Please contact our office today to schedule a consultation with our experienced family law attorney.