A paternity suit is a legal action to determine a child’s father, often filed for financial or moral responsibility. Blood tests are used to establish paternity, and unmarried women often file. Attorneys specializing in family law handle the case, and mediation may be offered to resolve the situation.
A paternity suit is a legal action taken to determine the identity of a child’s father. There are a variety of reasons for filing this type of lawsuit, but most lawsuits are filed to establish financial or moral responsibility on the part of one or both of the parents involved. A paternity suit can also be used to obtain visitation rights or to resolve a contentious issue. Parents can also avoid these types of suits by working out an amicable private settlement.
Several people can file a paternity suit. Mothers often file them to legally establish the identity of the man who fathered the child in question. This legal decision can be used to sue for child support and other benefits. A man can file this type of lawsuit to clarify his position in a case, and a child can file one to find out who is his father. Some government agencies may also initiate paternity suits, especially in cases of controversial adoptions.
One of the best ways to establish paternity is a blood test, which can be ordered by the court if the parents cannot reach an agreement. If the blood test indicates that the man in question is not the father of the child, the lawsuit is dismissed. On the other hand, the test result may indicate that the man is the father of the child, in which case the court will usually work with the parents to reach an agreement on custody, child support, and related matters.
In many cases, an unmarried woman files a paternity suit. The husband of a married couple is presumed to be the father of any children born in the marriage, unless proven otherwise. A husband can use a paternity suit to prove a case of adultery and to potentially absolve himself of any financial responsibility to a child who is not hers.
Typically, a paternity suit is handled by an attorney who specializes in family law such as divorce, mediation, and child custody and support disputes. The attorney usually has a serious discussion with the person filing the lawsuit, to make sure that the lawsuit has sound grounds and is not being considered a harassment or “annoying” lawsuit. Depending on the region where the lawsuit was filed, the lawsuit may also be heard in family court, rather than general court. In some cases, mediation and other support services are offered through the court in an effort to resolve the situation amicably, regardless of the outcome of the case.
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