What happens if you’re not the father? You may be wondering what your legal rights are, or if you have any in the first place. Though paternity tests are straightforward, it can bring on some complicated obligations and responsibilities. If you have doubts about whether or not you are the biological father of a child, you will need to establish paternity as soon as you can. If you need the courts assistance, they can order a paternity test. From there, you and your attorney can begin to handle the matter in a way that suits your best interests.
Voluntary Acknowledgement of Paternity
If you sign a voluntary acknowledgement of paternity, also known as a VAP, you are acknowledging that you are the biological father of the child. You do not need to have a paternity test in order to sign a voluntary acknowledgement of paternity. However, if you do sign this a VAP, you will be legally considered to be the child’s father, meaning that you would have the rights, duties, and obligations consistent with a legally recognized parent. These would include rights to time with the child and paying child support. If you have concerns over whether or not you’re actually the biological father, you should not sign a VAP. Those who are unsure of the child’s paternity may be wise to have a paternity test to determine whether or not they’re the father before signing any acknowledgement. If you sign a VAP, the court can order you to pay child support—even if you’re not the biological father. While you can “revoke” a voluntary acknowledgement of paternity, there are time limitations around this, and you may need to speak with an attorney to see if it’s even possible. There are limited bases on which the VAP can be challenged after the time for recission has expired. If that is something you need to do, you should consult an experienced attorney.
Signing the Birth Certificate
Much like a VAP, you should not sign a birth certificate if you have doubts about the baby’s paternity. Depending on where you’re located, your name may be automatically added to the birth certificate if you sign a VAP. If you sign the birth certificate, but you later have reason to believe that you are not the father of the child, you will need to take a paternity test in order to establish whether or not you’re the father. If you were married to the child’s biological mother at the time the child was conceived, there may be a legal presumption that the child is a product of the marriage—this will depend on which state you’re located in. If you are married, but there is reason to believe that you are not the father, you may still need to take a paternity test to establish paternity.
Custody Disputes and Child Support Orders
Once paternity is established, custody disputes and child support orders are relatively straight forward. You cannot be ordered to pay child support if the child is not biologically yours, unless you’ve legally adopted the child or been adjudicated as the child’s parent. However, while you may not be ordered to pay child support for a child that isn’t biologically yours (or that you haven’t legally adopted), you also will not have any rights to the child. This is usually seen in cases where step-parents get a divorce. If a woman had a child from a previous marriage, and divorces that child’s step-father, the step-father would not be able to get custody unless he legally adopted the child.
Do You Have to Take a Paternity Test?
You can establish paternity without taking a paternity test. If you know that you’re the father of a child, you can sign a voluntary acknowledgement of paternity. Or, if you were married to the biological mother when the child was conceived, and you’re certain you’re the father, you’re already presumed to be the child’s father. Unless the mother attempts to dispute paternity, you will not have to take a paternity test. If you are married, but uncertain of the child’s paternity, you can take a paternity test. However, if you do not believe you’re the father, and the court orders you to take a paternity test, you will not be able to refuse to take the paternity test.
When You Need Help
Paternity can be a complicated matter that brings about many different rights and obligations. If you have concerns about paternity and how the results of a paternity test will affect your case, CoilLaw is here for you. Contact us today to get started.
