Paternity can be established in several ways.
The father of a child can always voluntarily agree to acknowledge that he is the biological father.
This is the simplest way.
In this case, all that is required is for the father to sign a paternity acknowledgment form.
Another way paternity can be easily determined is if you were married to the father at the time the child was born or if you got married afterwards.
There is a legal presumption that the husband is the father of the child.
In that case he is obliged to pay child support should the marriage end in separation or divorce.
But what if he refuses to agree that he is the father of your child? If you are a single mom and the father refuses to admit that the child is his, you will have to bring the issue into court by filing a Paternity Petition.
The paternity action is the judicial process in which a determination establishing paternity can be obtained.
It is highly recommended that you do this with the help of a qualified attorney, preferably one that specializes in family law.
If you can't afford a lawyer, your local court house can provide options to help you.
In most states the court will appoint an attorney to represent you once it is established that you don't have the means to pay legal fees.
It is the government's interest to promote that every child is provided the benefits associated with having two legal parents.
Before starting a paternity proceeding you must find out the father's exact physical location.
This will be required by the state agency to contact the father in a final attempt to obtain a voluntary acknowledgement.
If the father refuses because he is not sure, the state can offer him a no charge DNA test.
If he declines to be tested, the case will move to the next level, and the state will file a paternity action against him on behalf of your child.
After the paternity petition is filed, the court will issue an order for you, the father and the child to undergo a DNA test.
There is no reason to be afraid of a DNA test.
The test is very simple and totally painless.
A DNA test consists of wiping a cotton swap inside the mouth to obtain a sample of your saliva.
DNA test results consist of a comparison of the genetic patterns in you, the father, and the child to determine percentages of similarities.
These tests have been scientifically proven to be accurate and totally reliable.
They can determine with a degree of over 99% probabilities that a man is or is not the child's father.
The results of the DNA test are then disclosed to all interested parties.
The father now has the opportunity to sign a voluntary acknowledgement.
If he chooses not to, the case will move on to trial.
The judge or a jury will determine whether or not he is the child's father.
It is very unlikely for a father to decline paternity when the DNA test results show that he is.
This is why only a minimum of paternity cases end up in trial.
To challenge the accuracy of the DNA test results, the father will have to bring considerable scientific evidence in order to be successful.
Considering modern technology, it is highly improbably that he would be able to do so.
With the paternity determination, the court will issue a child support order.
The amount of the payment will be calculated based on the father's net income.
The court might order that the support amount be withheld from the father's salary payment.
The judge can also order the father to pay retroactive child support, covering the years your child did not receive support.
How much retroactive support is will depend on your personal financial circumstances and the state in which you reside.