Any parent may contest the filiation of a child. In most cases, if filiation has not yet been established, one of the parents may contest filiation. For example, a man who wants to deny that he is the father of the child can request a genetic test to find out if he is the biological father of the child. In a same-sex situation, a woman served with a petition to establish a parental relationship (Form FL-220) may challenge a parental relationship with the child if she did not intend to be the child`s other mother. Typically, you can request a genetic test or refuse parentage at the beginning of a case. To do this, it depends on the nature of the case. In general, a man who is told that he is the father of a child has the right, if he is not entirely sure that he is the father, to require genetic (DNA) testing to know with certainty whether he is the father of that child. In the section on challenging parentage, there is much more information on how to request genetic testing to determine ancestry. 2. Get help filling out your forms or have them checked Ask your court`s family law officer to help you with your documents or review them after you fill them out.
He or she can make sure you have completed it correctly before proceeding with your case. If you discover that there is a parentage judgment or child support judgment against you, contact a lawyer or your local family law advisor immediately. He or she will be able to help you determine if there is anything you can do, and if so, he or she may be able to guide you through the process or refer you to someone who can help you. The documents you have to submit involve complicated legal requests that you do NOT have to submit yourself. If you are unsure of the child`s biological parentage, the DSS can perform DNA tests to establish paternity and help the court determine a paternity decision. The tests are free of charge. Alert! This section contains general instructions only. The lodging of an action for annulment of a voluntary declaration of filiation or paternity is complicated. Talk to your family law lawyer or a lawyer in your court. Click here for help finding a lawyer.
If you have been served with an application to establish a relationship (Form FL-220-V), you have 30 days from the date you were served with service to respond. If you do not respond within 30 days, the court can establish the legal relationship requested in the application without genetic testing or other parentage-related evidence. The laws on filiation are very complicated. If there is already a court order that says, for example, that someone is the father of the child and that he or she wants to request a genetic (DNA) test, it may be too late. Or the law can declare someone a legal father, even if genetic testing indicates that he is not the biological father. In same-sex parenting situations, there are also complications related to people`s intention to become parents and other problems. Benefits are very important when a parent dies or becomes disabled. Medical Information Knowing the medical history of both biological parents can be important if the family has health problems. How is paternity determined? Married parents: If the parents are married to each other at the birth of a child or when the mother becomes pregnant, the mother`s husband is the child`s legal father. Unmarried parents: Parents who are not married to each other must do something to establish paternity. There are two ways parents can determine paternity when they are not married: After genetic test results If you have asked about genetic testing, you have several options once you receive the genetic test results.
You can talk to a lawyer to help you decide which one is best for you. You can accept the results of the genetic test or request another test (for which you may have to pay). Or, if the test results show that the person being tested is not the child`s parent, the lawsuit against that person may be dismissed. Which choice is best for you depends on your individual situation. Here`s an example to help you understand your options: David wasn`t sure if he was Mary`s father, so he asked for genetic testing to be sure. Once the test results are returned, David has the following options: Submit proof of service to the court.
