Most parents do not give a lot of thought to the legalities imposed by the State that regulate when men are considered a child’s legal father, referred to as paternity. Women gain parental rights simply by giving birth, since this act automatically establishes the child is biologically related to the mother, except in cases of surrogacy. For men, the situation is not so black and white, and claims of paternity may be necessary to determine if a man will receive the obligations and rights of a father. Married men are presumed to be a child’s father, though this presumption can be challenged. Unmarried men do not enjoy the same perfunctory recognition as a child’s legal parent, and must follow certain administrative and/or court processes to attain this status. Once paternity is established, the father has the legal obligation to support the child until adulthood, which means he will be subject to child support orders if the relationship with the mother does not work out. Given the responsibility a legal parent assumes, a man should not be so quick to claim a child if there is any question about whether he is, in fact, the child’s natural father. Knowing how to challenge a mother’s claim of paternity is equally important to understanding how it is established. A discussion of the procedures available to contest a paternity claim will follow below.
Scenario for Paternity Contests for Married Men
As noted above, only married men are presumed to be the father of any children born to their wives. However, marriage does not guarantee that a child is biologically related to the husband of the mother. At the first sign that paternity may be in question, the purported father should take quick action to contest paternity, especially if a divorce is pending. The failure to contest paternity, while knowing the child may not be his, could persuade a court to uphold paternity and confirm legal parentage regardless of DNA testing. The law does not want to make it easy to disestablish paternity for the sake of the child, which can lead courts to apply particular scrutiny to married men disavowing a child.
A recent case in Indiana highlights this point. A married man knew that a boy born to his wife was not his because he was incarcerated at the time of conception. Despite this knowledge, the man assumed full responsibility for the child, and was listed on the birth certificate as the father. When he sought to challenge his parentage just before the divorce was finalized, the court would not allow him to introduce evidence rebutting paternity because his support and acceptance of the child kept the mother from pursuing a paternity action against the child’s biological father.
While this case is somewhat unique, the lesson to take away is that married men should not assume responsibility for another man’s child unless they are prepared to support the child post-divorce. Furthermore, contesting paternity should be initiated before a final custody/ support order is issued. After this point, courts rarely consider such claims since the man had an opportunity to challenge paternity during the divorce case. This premise holds for unmarried men as well: Once paternity is established, they typically cannot reopen this issue for reconsideration if they failed to contest paternity in the earlier proceeding.
Evidence to Rebut and Genetic Testing
Genetic testing is certainly the gold standard for proving the paternity of a child, but it is not the only type of evidence a court will consider. In addition to DNA testing, the alleged father could offer evidence that the mother was involved with another man, he was absent at the time of conception, or that no sexual activity took place. As for genetic testing, any party in a paternity action can request DNA testing, and the results are considered conclusive if the alleged father is excluded as the biological father. While a court is not required to take confirmation of genetic relatedness between the alleged father and child as conclusive, absent evidence the testing was improperly performed, that is the practical result.
Talk to an Indiana Family Law Attorney
Being a legal parent is a big responsibility that has long term consequences. Do not blindly assume this responsibility if you have questions or concerns. Talk to a family law attorney about your legal options. Attorney Christopher L. Arrington understands the costs and rewards of being a parent, and can advise you on the best route to achieve your goals. If you live in Danville, Brownsburg, Avon or the surrounding areas, call today to schedule an appointment.