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A DNA test can only prove that you are NOT the father. If you were married at the time or if were not married and the mother claims that you were the father, the courts will assume that you are responsible. It is your obligation at that point to prove otherwise. * Not if you contest the suit/act naming you as the father. DNA testing establishes parentage and rules out the possibility of parentage. It is the responsibiity of the mother who files for child support to prove that the person named as the father is the father. It is the responsibiiity of a father seeking custodial rights to prove he is the father or seeking to be relieved of parental obligation that he is not the father. Obviously either type of suit will determine parentage.

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17y ago
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17y ago

No. Before custodial rights, visitation rights or child support issues can be decided upon parentage must be established. Courts prefer that paternity testing be done as DNA, but in the majority of cases will accept traditional blood test results. This applies to unmarried couples only. Parentage issues pertaining to a child born of an affair outside of a marriage is a more complicated matter and is handled differently, depending upon individual circumstances.

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Q: Can an alleged father gain custody of a child without a DNA test being taken?
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Related questions

How can a third party gain custody without father being notified?

The father's going to be notified - as the father, he has that legal right.


How do i put my child's father on child support without him getting sole custody from another state?

How would he do that without being in possession?


How can a father get custody of his children from there birth mother?

A father can get custody of the children if it can be demonstrated that that is in the best interest of the child. The father being the primary caregiver would help.


If a father in Florida is denied the visitation rights can he petition for sole custody?

Being denied visitation or not, a father can petition for sole custody. The two situations are not related.


Can a single father get a custody order without proof of a mother being unfit in state of NC?

Not usually, no. Most courts will not dissolve parental rights or interfere with/amend custody unless the other parent can provide a compelling argument to the contrary.


What if you had full physical custody of your child and then the father files for custody due to child being overweight?

If at the custody hearing, the judge believes that you are the cause of the child's overweight problem, the father could very well win full custody. If you can afford it, hire a lawyer to argue for your side.


What do you do to have your son at twelve move to mn with you when he lives with his dad in pa and you have no custody papers?

First you need custody of him and the only way to get that is by going to court. If the father then have shared custody or visitation rights both he and the court have to then give you permission to move the child out of state. You also, satisfactory to you both, solve the issue about the child being able to see both parents so the visitation or shared custody order is not broken. So unless his father is willing to give up custody and let you take your son out of state you will have to move without him.


Should you respond to being sued for custody?

i am being sued by my child father how do i response to this matter i don,t have money for a attorney


You have joint custody how do you get primary custody if father is comtempt of court?

Being in contempt of court can help the other party gain custody but does not automatically guarantee it. Many times a mediator or guardian has to be assigned to change custody. Attorneys and judges also get involved in this decision.


Can a father take his child from the grandparents if no custody order is in place the mother has hid from him for a year and will not give him an address to serve custody papers?

No. Assuming the parents are unmarried, the father must establish his paternity in order to establish his parental rights. This is a serious and complicated situation, legally. If he just takes the children at this point, it will go against him later. He should consult with an attorney who specializes in custody issues. The attorney can review the entire situation by hearing all the details.If the child is in the custody of grandparents without any court order to that effect, the attorney can help the father establish his paternity and request an emergency temporary custody order while the issue of permanent custody is being adjudicated. The father must do everything right now and it will work out better for him in the long term. On the other hand, if the mother has been hiding the child from his father, that will go against her when the court examines the case.No. Assuming the parents are unmarried, the father must establish his paternity in order to establish his parental rights. This is a serious and complicated situation, legally. If he just takes the children at this point, it will go against him later. He should consult with an attorney who specializes in custody issues. The attorney can review the entire situation by hearing all the details.If the child is in the custody of grandparents without any court order to that effect, the attorney can help the father establish his paternity and request an emergency temporary custody order while the issue of permanent custody is being adjudicated. The father must do everything right now and it will work out better for him in the long term. On the other hand, if the mother has been hiding the child from his father, that will go against her when the court examines the case.No. Assuming the parents are unmarried, the father must establish his paternity in order to establish his parental rights. This is a serious and complicated situation, legally. If he just takes the children at this point, it will go against him later. He should consult with an attorney who specializes in custody issues. The attorney can review the entire situation by hearing all the details.If the child is in the custody of grandparents without any court order to that effect, the attorney can help the father establish his paternity and request an emergency temporary custody order while the issue of permanent custody is being adjudicated. The father must do everything right now and it will work out better for him in the long term. On the other hand, if the mother has been hiding the child from his father, that will go against her when the court examines the case.No. Assuming the parents are unmarried, the father must establish his paternity in order to establish his parental rights. This is a serious and complicated situation, legally. If he just takes the children at this point, it will go against him later. He should consult with an attorney who specializes in custody issues. The attorney can review the entire situation by hearing all the details.If the child is in the custody of grandparents without any court order to that effect, the attorney can help the father establish his paternity and request an emergency temporary custody order while the issue of permanent custody is being adjudicated. The father must do everything right now and it will work out better for him in the long term. On the other hand, if the mother has been hiding the child from his father, that will go against her when the court examines the case.


Is it kidnapping in the state of Indiana if your husband moves to another state with OUR children There is no child custody agreement?

No, unless a custody order is being violated, it is not kidnapping for the Father to move out of state with his own children.


Teen living with aunt since birth no legal custody order bio mom has legal custody can teen leave with her consent without aunt being able to stop him?

Ya if your aunt does not have custody you can leave with bio moms consent, now your aunt might threaten and try to keep you there but without custody she has no legal rights to make you