Filing a denial of paternity is a serious matter that requires careful consideration and legal guidance.
Denial of paternity is a legal process that allows a man to challenge the legal presumption of fatherhood in cases where he believes he is not the biological father of a child.
This process can have significant implications for both the father and the child, and it is vital to understand the steps involved and the legal consequences before taking any action.
In this article, we will provide a complete guide on how to file a denial of paternity, including the steps involved, FAQs, and other important information.
How to File Denial of Paternity: Steps Involved
Filing a denial of paternity involves several steps, which are outlined below:
Step 1: Obtain a DNA Test
A DNA test is usually required to prove or disprove paternity. The test is generally conducted using a cheek swab, and the results can take several days to weeks to obtain.
You can order a DNA testing kit from a reputable company and collect a sample from your child. The sample is usually collected through a cheek swab or saliva sample.
Many companies offer DNA testing services to determine paternity. Some popular options are the following:
- DDC – DNA Diagnostics Center: https://dnacenter.com/
- Identigene: https://dnatesting.com/
- Paternity Depot: https://www.paternitydepot.com/
- EasyDNA: https://www.easydna.com/paternity-testing
Once you have collected the sample, you will return it to the company for analysis. The company will compare the child’s DNA to the alleged father’s to determine whether he is the biological father.
Step 2: Fill out a Denial of Paternity Form
Once the DNA test results are available, you must file a denial of paternity form with the appropriate court. The DNA test results and any other supporting documentation must accompany the form.
Here are some common places to find a denial of paternity form:
- Court or family law facilitator’s office: You can obtain the form from your county family court or family law facilitator’s office in your area. These offices are typically located in the courthouse and can provide information about the process for filing a denial of paternity form.
- Child support agency: If you have been ordered to pay child support or are involved in a paternity case through a child support agency, you may be able to obtain the form from the agency. Contact your local child support agency for more information.
- Online: Some states or jurisdictions offer a denial of paternity forms online that you can download and print. Check the website of your local court or agency to see if this option is available.
In some states, a notary public may be required to witness the signing of the denial of paternity form.
Step 3: File the Denial of Paternity Form
A denial of paternity form is typically filed with the appropriate court or agency that handles paternity cases in your jurisdiction. The specific office or agency may vary depending on where you live, but generally, you will need to file the form with the court or agency that issued the initial paternity determination.
In some cases, you may need to file the denial of paternity form with the court and the child support agency, particularly if child support payments are involved. It’s important to check with the court or agency to determine the requirements and procedures for filing the form.
When filing the denial of paternity form, you will likely be required to pay a fee. Make sure to follow all instructions provided by the court or agency and to keep a copy of the form for your records.
Step 4: Attend Court Hearings (If Necessary)
After the denial of paternity form has been filed, there may be court hearings scheduled to determine the child’s paternity.
In some cases, the parties involved can reach an agreement without needing a court hearing. However, a court hearing may be necessary to resolve the dispute in other cases.
In my experience, if the DNA test establishes that the child is not your child, you will not need to go to court.
Typically, the DNA test results prove paternity, and the parties will agree to file a voluntary acknowledgment of paternity rescission form, which allows them to rescind or cancel the previous paternity acknowledgment.
This can be done without going to court, provided both parties sign the form, and it is filed with the appropriate agency or court.
However, if the parties do not agree on the denial of paternity, a court hearing may be necessary to resolve the dispute. In these cases, the court will require evidence, such as DNA testing or other documentation, to determine whether the alleged father is the child’s biological father.
It is essential to attend these hearings and provide any additional evidence that supports your case.
FAQs
Q. What is the legal basis for filing a denial of paternity?
A. The legal basis for filing a denial of paternity is usually based on genetic testing that shows the man is not the child’s biological father.
Q. Can a man file a denial of paternity even if he has signed the birth certificate?
A. Yes, a man can still file a denial of paternity even if he has signed the birth certificate. However, it may be more difficult to challenge paternity in these cases.
Q. What happens if the court finds that the man is not the child’s biological father?
A. If the court finds that the man is not the child’s biological father, then he will not be responsible for child support or other financial obligations related to the child.
Q. What happens if the man is found to be the child’s biological father?
A. If the man is found to be the child’s biological father, he will be required to pay child support and may have other legal obligations related to the child.
Q. Can you get in trouble for filing a denial of paternity form if it turns out you are the child’s father?
If you file a denial of paternity form and it later turns out that you are the biological father of the child, you may face legal consequences and potential penalties.
For example, you may be required to pay child support and other expenses related to the child’s care and upbringing. Additionally, filing a false denial of paternity form may be considered perjury or fraud and could result in criminal charges.
It’s important to carefully consider your options and seek legal advice before filing a denial of paternity form. If you are uncertain about your paternity or have any doubts, it’s a good idea to consult with an attorney or other legal professional to ensure that you understand the legal consequences of filing a denial of paternity form and to protect your rights and interests.
Conclusion
Filing a denial of paternity is a complex legal process that requires careful consideration and legal guidance. It is important to understand the steps involved, the legal consequences, and the potential impact on the father and child.