In many cases, the birth of a child is a joyful occasion within a family. Unfortunately, in some instances paternity is not yet proven and/or the father of the child does not believe they are the father. While there is a clear difference between a biological father and a legal father, it is important that both are identified. Typically, the legal father is the biological father, but there are circumstances such as being remarried while pregnant that can make the determination process more complex. If you are a mother that knows who the birth father is, but they are unwilling to concede their paternity of the child or even have their DNA voluntarily tested, it may be best to contact an experienced Miami family attorney to help you with your case. Determining the paternity of a child will help you to collect child support payments as well as potentially split custody and responsibility of the child.
Ways to Avoid a Court Ordered Paternity Test
If the potential father of the child is willing to submit to a paternity test, then you will not have to to get a court ordered paternity test. If you are unable to come to an agreement on your own with the potential father, connecting with an expert focusing on family law in Miami will likely offer you a greater chance of having the paternity tested before a court order is needed. This can be accomplished by sending official letters from their legal offices, using location services to find the potential father and/or mediating conflict between the parents. No matter if you are going through a divorce in Miami or you are an unwed couple having a baby, proof of paternity is necessary to be eligible to receive child support payments as well as ensuring other obligations are met such as health insurance and custody rights.
When a Court Ordered Paternity Test is Necessary
When the mother of a child is unsure who the father is and/or if the potential father does not agree to a paternity test, a court order will be necessary. If the potential father does not comply with the court order, they can be held in contempt and potentially face other criminal charges. In addition, if you are attempting to receive child support payments to help you in supporting the child alone, you will need proof of paternity either voluntarily or by court order.
Contacting a Family Lawyer in Miami
If you are in a marriage, and are unsure of the paternity of the child, it is recommended that you contact a divorce lawyer in Miami to help with the proceedings as well as to aide you in determining the paternity of the child. Though you have up until the child turns 21 to establish paternity, it is in the best interest of all parties included to make this determination as early as possible as its results with have a reverberating effect on your life as well as your children’s. In addition, if you are a legal father that wishes to challenge the biological paternity of your child it is imperative that you contact a family lawyer in Miami as it can be difficult to have the courts reverse legal rights and obligations of a legal non-biological parent. When you are not getting cooperation from the other parent, schedule a free consultation with a family law expert to help to bring the matter to a timely conclusion.