What is the Importance of Paternity in Family Law Disputes?
Paternity relates to the legal acknowledgment of a man as the father of a child. In Missouri, paternity must be established for a child to have a legal father. Recognizing legal fatherhood comes with several rights and responsibilities, such as child custody, child support obligations, and visitation rights.
If a man fails to establish paternity, he will lose all legal rights and responsibilities toward the child. These rights and obligations could include the right to seek custody or visitation and the requirement to provide child support. Without establishing paternity legally, a father’s name cannot be included on the child’s birth certificate, and the man will have no legal decision-making authority for the child.
Paternity is an essential part of family law cases because it determines the rights and responsibilities of fathers. Kansas City law firm offers compassionate legal services in family law. We would proudly represent your rights throughout your family law case in a paternity dispute. To learn more about our legal services, please contact our law office to schedule a case evaluation today.
Who Benefits from Establishing Paternity?
Establishing paternity has several benefits, which go well beyond the father’s benefits in the scenario.
Once paternity is legally established, the children shall gain access to essential benefits such as Social Security, health insurance, and the right to inherit from their father’s estate. The legal status of having an officially recognized father opens several opportunities to benefit a child’s personal and financial well-being. Additionally, by knowing the legitimate father, a child can see the father’s medical history, which can be vital to the child’s health as they grow older.
Benefits for the father include the right to seek child custody and visitation time. Once officially established as the legal father of a child, the man will have the opportunity to build a lasting relationship with the child, which can benefit both the parent and the children.
Establishing paternity also benefits mothers. With paternity officially established, mothers can share the responsibilities of raising the children, including the financial obligations. Without legally establishing paternity, a single mother is not entitled to child support payments from the supposed father.
How to Establish Paternity in Kansas City, Missouri?
There are several methods for establishing paternity in Kansas City, MO. Each method has its legal requirements and processes that must be followed. Missouri allows for voluntary and involuntary methods for establishing legal paternity, and the path you choose will likely depend on the unique circumstances of your case. In child custody disputes, it is unlikely that you will resolve matters with a voluntary acknowledgment of paternity.
Voluntary acknowledgment opportunity is the most straightforward and regularly seen method for establishing paternity in Missouri. This method involves a formal declaration that the purported father accepts responsibility for the fatherhood of the child. This legal process is usually completed at the time of childbirth. If both parents are present at the hospital, they could sign the voluntary acknowledgment form immediately.
In cases where paternity is uncertain, or if there is a dispute about who the biological father could be, genetic DNA testing could be utilized to determine paternity. DNA testing is considered highly accurate, with many tests providing results with accuracy rates above 99%. A DNA test is often requested or ordered if there is a paternity dispute or if one of the parents refuses to acknowledge the man as the father. Parents can request DNA testing through the Missouri Family Support Division; otherwise, the courts could order a DNA test.
What if Paternity is Contested in a Family Law Dispute?
In cases where paternity is disputed between the two purported parents, a DNA test could either be requested or ordered.
When a family law court orders a genetic test, DNA samples are collected from the mother, child, and alleged father. The genetic samples are then sent to the labs for analysis, and the results are provided to a family law judge. If the DNA test confirms biological fatherhood, the family law judge will issue a paternity order.
Court orders for determining paternity occur in family law disputes, child custody conflicts, and contentious child support cases. Suppose the DNA test finds the man to be the biological parent. In that case, the courts will address other factors, such as visitation rights and child support obligations.
It is highly recommended that you seek the professional legal counsel of an experienced family law attorney when dealing with contested paternity issues. Our legal team has extensive experience representing clients in such cases, and we would be proud to address your questions and concerns about such legal matters.
What Are Common Challenges and Conflicts in KC Paternity Cases?
Seeking to prove paternity is essential in many family law cases. Still, the effort to do so can lead to conflict, especially if one of the purported parents is unwilling to cooperate.
In some family cases, the alleged father may deny his paternity and refuse to cooperate with DNA testing or any voluntary acknowledgment of fatherhood. In such cases, a family law court may need to get involved to order a DNA test.
In other cases, paternity could be disputed if there is a belief that the incorrect individual has been identified as the father — this could be considered paternity fraud.
Even after paternity is officially established, new legal matters may develop. For example, new disagreements about visitation schedules, custody rights, and child support payments could occur.
If you are facing a complicated paternity case, please contact our KC law firm to discuss your legal concerns with our lawyers today.
Contact Our Kansas City Law Firm to Schedule Your Initial Consultation with Our Experienced Family Law Attorneys
Our Kansas City law office has years of experience representing clients in complex and contentious family law matters. Suppose a question about a child’s legal paternity arises. In that case, DNA testing, potentially stemming from a court order, may be necessary to prove paternity.
Please contact our family lawyers to discuss your paternity case in a no-obligation case review. In your consultation, we will review your legal options and help you determine the right action.
You can reach us at 816-307-9752.