Paternity/Legitimation

Paternity suits are often thought of as resulting from a man refusing to pay child support for a child that was not conceived within the context of marriage. But paternity disputes occur within the context of marriage as well. For example, upon discovering that his wife has been unfaithful, a husband might question his paternity in relation one or more of their children.

Even when a paternity test revealed that a child has a different father, many courts have traditionally required men to continue supporting children that they supported prior to divorce. However, some states have passed legislation that frees men of the obligation to support children that are not biologically theirs. Children that a man has legally adopted, of course, still have a right to his support. Whether a paternity dispute occurs between spouses or non-married partners, the court can impose a paternity test to prove biological fatherhood and thus establish a legal basis for child support.

Whereas paternity suits typically result from a father’s unwillingness to provide child support, legitimation cases occur when a father wants to be a part of a child’s life and takes a paternity test to help secure visitation rights or lay the foundation for a custody and support case. Paternity and legitimation issues are common family law matters, and they can be just as emotional as divorce. As with custody and support cases that result from divorce, paternity and legitimation suits should be conducted under the auspice of doing what is best for the child.