Challenging paternity

Determining paternity is essential for your child’s upbringing. But happens when you want to challenge alleged paternity? Why should you provide child support if you are not the father? Challenging a paternity test can be a difficult process without hiring a Westlake Village paternity attorney.

How is paternity legally determined?

In most cases, paternity lawsuits serve to establish financial responsibility and moral support. Also, some alleged parents may want to gain visitation rights or settle an issue with a former spouse or partner. If the circumstances qualify or meet all the requirements, the judge will order a DNA test in order to determine or confirm who is the actual father. After paternity has been determined and established, the parties will agree to a child custody and visitation arrangement.

Can someone other than the biological father establish paternity?

Only the biological father can establish paternity. But determining legal paternity can be a complex process if you don’t have a Westlake Village paternity attorney helping you with your case. These cases often involve heated arguments and complex state laws you may not be familiar with.

If you are sure the child is not yours, there are ways to challenge this situation:

• Lab results – There are times when the lab results are not 100% accurate. Several factors may be considered in order to challenge a fraudulent lab result. For example, if the lab staff had made mistakes in the past or if there was an administration error, you can always request a second test. Also, if someone other than the alleged father took the test, that’s considered fraud and it should be taken to court.
• Infertility issues – You can also prove if you are sterile. This is one of the easiest approaches to challenging paternity and proving you are not the father. Proof of infertility shows that’s not physically possible for a baby to be conceived. The way to approach this situation is by making an appointment with your doctor and getting the results or prove of infertility.
• Infidelity – There are times when the mother was unfaithful. This is a great proof that the child is someone else’s, therefore, you are not responsible. But you must first provide clear and convincing evidence. You can also document and provide a list of names that you suspect may be the fathers or any other evidence that proves the mother was with other men.

Trust our expertise

Once paternity has been established, the father is financially responsible for the child unless the paternity is challenged. The laws that determine paternity are very complex to navigate on your own. If you want to alter your paternal rights, it is best that you contact a family law attorney in your area and find out what you can or cannot do. To get advice for your specific situation, call us today and schedule your initial case assessment with family law attorney Stephanie L. Mahdavi.