Paternity Rights for Dads

Whether you are Divorced, Separated or a Single Parent Father, you will always have family law questions throughout your life. Get Family Law Advice from Jeffrey Leving our Ask A Lawyer, Family Law Expert. This month’s topic is paternity rights for Dads. Learn more.

Ask A Lawyer on SingleDad

Paternity, Fathers Rights

Question:

In March, I received a letter that one of my ex’s had filed
a child support case against me. I responded that I wanted to get a lawyer and
then never heard back on the next steps from the court. I am pretty sure the
child is not mine:

• I wasn’t in the state at the time she got
  pregnant.
• She has someone else listed on the birth
  certificate.

I thought that by not hearing from the courts again that
meant the case had been dropped but I called today and apparently there is a
bench warrant for my arrest and I have $2,600 in back child support on my
account. What should my next steps be to get this cleared up? I do not want to
go to jail so is there a way to clear this up without that happening?

I also want a paternity test done, I had attempted to get one when the child
was born but the mother refused to complete the test. If the paternity test
does come back that I am not the father will they remove the child support and
bench warrant from my name?

Answer:

Your liberty is at risk so it is imperative that you immediately
contact a skilled and proactive family law attorney who will prioritize your
case. The first issue which must be attended to is the warrant for your
arrest. If you do not successfully
resolve this issue immediately, you run the risk of getting arrested on this
warrant, which will make dealing with the other aspects of the case more
difficult for you to address and will also disrupt your life, work, and family.

A skilled attorney should know how to strategically attack
the warrant, seek paternity (DNA) testing, and attempt to set aside any
paternity finding and child support orders which have been issued. Do not
assume that if a paternity test comes back negative, that the back support will
automatically be vacated from the court’s records without your counsel
requesting this be done. Strategic planning is critical.

The court might have taken other actions in your case of
which you are unaware. Your attorney must take the offensive and review the
entire file for a current status of your case. The assistance of a highly
competent and proactive attorney is necessary here and the lawyer must be able
to research and analyze the court’s activities in your case and tactically plan.