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Can fathers challenge paternity?

On Behalf of | Jan 16, 2025 | Father's rights & paternity

As you hold your newborn, doubts about your paternity begin to creep in. A thought crosses your mind: “What if I’m not the biological father?” If you are wondering whether you can challenge paternity, the answer is yes but only under specific circumstances.

Why challenge paternity?

You may wish to contest paternity for several reasons. These include doubting biological ties due to suspicions of infidelity or facing a paternity suit from the mother or another party. Discovering new evidence that suggests you are not the biological father may also motivate you to verify your paternity.

Contesting paternity allows putative fathers to clarify their legal role and release them from parental responsibilities if they are not the biological parent.

Steps to challenge paternity

To challenge paternity, you will likely begin by filing an action in court, submitting a complaint or petition to set aside or dispute any prior paternity determination. Courts now use DNA tests rather than blood tests to establish biological relationships. These tests may involve the child, the father, the mother or any other interested party, with the process requiring a simple buccal or cheek swab from everyone.

In addition to DNA testing, courts may consider other evidence to determine legal paternity, such as an acknowledgment of paternity affidavit or medical records disputing paternity. Each party can present testimony and relevant evidence, which the court will evaluate based on state law standards.

After reviewing the evidence, the court will issue a judgment on paternity. If the court overturns a prior paternity finding, the man previously recognized as the father may no longer have child support obligations or legal rights to custody or visitation.

Challenging paternity is a serious decision. There are both legal and emotional considerations. Seeking professional advice can help you understand your rights and guide you through the process, allowing you to make an informed decision about your future.