My daughters father & I broke up, he left the house. My daughter was born in another state. He never signed paternity affidavit. He filled for custody first. Judge said he needed to establish paternity & It's been 3 weeks & He still hasn't done so. I also have a male friend that does want to be established as her father if her dad doesn't man up. how does this work?
Either parent can petition to establish the father's paternity. Possibly this father has been admonished by the court that he must amend a pending petition for custody to allege paternity. When a father does so, the mother is served with process meaning she is given notice of the legal action and instructions on responding. If the mother denies the claim of paternity, then the father can obtain a court order for DNA testing. When the paternity is proven, the father will be entitled to have his parental rights decreed and the result most commonly is joint legal and joint physical custody with a residential custody schedule. Child support will also be ordered. Any claim that a man is a father, knowing that claim to be false when made, would be a fraud on the court. The assistance of local experienced family counsel would be helpful.
This general information about the law and legal procedure is offered as a public service, and not intended as legal advice in this or any other case.
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