It is usually not necessary to take a DNA test to determine if a husband is the biological father of a child. However, there are cases where the true identity of the father is not known. In this instance, a paternity test could clear everything up. Cover all of your bases by first speaking with a seasoned father’s rights attorney about the legal implications of paternity tests in Albany.
There are different ways in which paternity can be established. One is to simply marry the child’s biological mother. There is a rebuttable presumption in the eyes of the law that the spouse of the biological mother is the father of the child. A more scientific method is to take a paternity test, which can identify whether the man and the child share similar DNA. A person can file a paternity petition in family court which requires the alleged father – or mother, if it is unclear – to take the test. There are several labs in Albany where a person can take a paternity test.
The age of the child could impact the ability to get a paternity test. If a husband effectively co-parents a child for five years, it is unlikely that a court will allow him to suddenly take a paternity test and open up the possibility that he is no longer considered the father. The state has an interest in ensuring that a child is raised by two parents, if possible. Because the man helped raise them and has become a major pillar of support in their life, it is not fair to the child to take that role away. It would also put an undue financial burden on the state, which they try to avoid at all costs. If a man in Albany wishes to question his paternity, he should get a test taken as soon as possible.
Even if someone is not planning on a court case, they should still consult with a lawyer in Albany before taking a paternity test. A lawyer should know all of the exceptions and rebuttable presumptions that the average person is not aware of. For example, if a husband is aware that his partner had an affair around the time of conception, he may not want to file for custody of a child that might not be his. If he takes a paternity test and discovers that the child is not, in fact, his own child, then he may need to reconsider filing for custody.
If someone is determined to be the father after a paternity test, then they have custody rights as well as a support obligation. If they are not the father, then they may not have custody rights or support obligations. However, it is important to understand that when a man in Albany has held himself out to be the child’s father figure for much of its life, he may still be required to pay child support even if the paternity test results indicate he is not biologically related.
Whether you want to confirm that you are the father of your child or you want to prove that you have no biological relation, it is a good idea to get a paternity test in Albany. The results could have a major impact on how the courts view your role in a child’s life. For more information on how you should approach paternity tests, call now.
Colwell Law
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