Paternity

IT’S THE LAW - PATERNITY
By Chris Meyer May 2007


Challenging the paternity of a child in a family law case involves such basic issues as whether junior really is junior. If you are concerned that you may not be the actual biological father of a child, you should address this concern at your earliest opportunity in the legal proceeding you are involved in. This opportunity typically arises in a child support case or a divorce case.

To understand the law of paternity it is important to understand that there are strong policy reasons that favor a finding that your are the father. The strongest reason is to make sure that a father is available to support the child in order to secure the health, welfare, and happiness of the child. Another strong policy reason favoring paternity is the finality of judgments. People should be able to understand their rights under a judgment and should not have to worry about future events changing their rights.

If you are involved in a child support case or a divorce case and you don’t raise the issue of paternity in that case, you will be determined to be the father. There is nothing you can do about it later, even if it is scientifically determined at a later date that you are not the father!

For example, you are involved in a child support case. You do not raise the issue of paternity, because you mistakenly believe that you are the biological father of the child. The Court orders you to pay child support. More than six months pass after the order is entered. You then discover as a result of genetic testing done for some medical reasons that you are not the biological father. You cannot successfully fight your paternity of this child in a legal action. Legally, you are the father and that is that.

Paternity law is like any other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!



Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.