A: Paternity is established in Louisiana either at birth or via a court order. If the parents are married for a certain amount of time before the child is born, then the spouse is assumed to be the father. If the parents are unmarried, they can sign an Acknowledgement of Paternity form to establish the father’s parental rights. This can be done at a later date but is normally done at birth. If there are disputes, the issue might be taken to court for further examination.
Baton Rouge Paternity Lawyer
Baton Rouge Paternity Attorney
Establishing paternity can be an important factor for the well-being of the child and the parents involved. Sometimes, these familial situations are complicated. Working with a Baton Rouge paternity lawyer can help you and your family find clarity while protecting your rights. If you’re facing a dispute surrounding paternity, resolving it as soon as possible is in the interests of all parties.
We’re Dedicated to Your Family’s Future
Our firm knows that when you consult a family lawyer, you’re normally facing a significant challenge, potentially one of the greatest of your life. That’s why Longman Jakuback offers professional legal services through the lens of compassion and understanding. We serve clients throughout Baton Rouge and Louisiana and ensure they are our top priority. Our team works hard so you can feel confident throughout the process of your case.
Establishing Paternity
If paternity is disputed, it usually has to be established through the courts, which is normally done via a DNA test. Once the test is taken and the results are determined, the court can appoint the legal father if the results suggest a biological match between him and the child. This is important to protect the rights of both the father and the child.
Paternity and Child Support
Once paternity is legally established, the father becomes the child’s official parent. This also means they are responsible for taking care of that child, potentially through child support payments. These payments are different for every family, but they are determined using a set formula that incorporates the income of both parents, how many children each parent has, and any unique needs that the child requires for their personal development.
Establishing paternity can benefit the child because it helps ensure their basic needs are taken care of. The father of a child has to contribute to their child’s upbringing, even if they are not interested in custody or visitation rights. Child support payments are usually made until the child is 18, but in some situations, they might be extended.
If child support is not paid, it can result in dire penalties. It is possible for the state to garnish the wages of fathers who do not pay child support. They can also suspend your driver’s license and even make arrests in extreme cases. Additionally, child support must be paid regardless of whether or not a father has visitation rights.
Contesting Paternity in Baton Rouge, LA
If a man does not believe he is the father of a child, he can contest paternity, which usually also results in a court-ordered DNA test. If the test proves that he is unrelated to the child, he can then file to relinquish parental rights and give up the financial responsibilities of paternity. This can become more complicated if the father acknowledged paternity previously or acted as the child’s father for a long period of time.
Even if a man is not the biological father, the courts tend to support whatever decision helps the child the most. This could mean maintaining the relationship with the child, even if the two are not biologically related. These types of situations make it important to consult with our Baton Rouge Paternity Lawyer to work through the challenges of contested paternity.
Why Do I Need a Baton Rouge Paternity Lawyer?
An attorney can help fathers establish or revoke paternity, grant them visitation rights, and generally protect their interests. If paternity is granted, they can also help with custody, child support, and visitation.
Paternity attorneys in Baton Rouge, LA can also assist mothers, especially if they are attempting to recover missing child support payments. Experienced attorneys can ensure the child is being prioritized in paternity cases and provide a supportive negotiator during a potentially emotionally charged situation.
FAQs
Q: What Are the Rights of a Father Once Paternity Is Established?
A: Once paternity is established, a father’s rights are similar to those of the mother. A father has the right to seek shared custody agreements and visitation of the child. Depending on the circumstances, fathers can also petition sole custody. Fathers also influence how the child is taught, raised, and supported. In addition to these rights, fathers also have the duty of financial responsibility, usually through child support.
Q: Can Paternity Be Established if the Father Is Not Listed on the Birth Certificate?
A: Paternity can still be established if the father is not listed on the birth certificate. If both parents agree on who the father is, then the father can sign an Acknowledgement of Paternity form. It can also be established via a court order. If there is a dispute over paternity, the court could order that DNA testing be performed to confirm paternity. Once it is legally recognized, the father’s name can be added to the birth certificate.
Q: Can a Paternity Test Be Contested?
A: A paternity test can be contested depending on the circumstances, but this is somewhat uncommon. If one party believes that the results are fraudulent or otherwise inaccurate, they can ask for a second test or dispute it in court. Contesting a paternity test might require presenting evidence that could bring the results of the test into question, like proof of infidelity or misrepresenting identity. However, courts tend to rely on DNA evidence first and foremost.
Longman Jakuback: A Commitment to Parents
Deep emotions often complicate paternity cases. Parents and children can benefit from quick and decisive legal action in these situations. Schedule a consultation with our Baton Rouge Paternity Attorney at Longman Jakuback today to learn how we can help resolve your issues in a timely manner.
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