Across the United States each year, a large percentage of children are born to unmarried parents. State law requires the father to support the child financially, but sometimes the father is hesitant to officially acknowledge paternity of the child. This Paternity Laws and Procedures Handbook provides state-specific paternity resources for establishing paternity, and discusses the relevant law and procedures in a general, and easily understood manner. A law summary of the paternity laws in your state is provided. Voluntary paternity establishment and paternity establishment through court action are discussed, as is the genetic testing that the court may order to confirm paternity in doubtful cases. Reading this Handbook will allow you to go forward in the paternity establishment process with the confidence of knowing what to expect at each turn, and provide you with the points of contact in your state for the people and resources that can help you and your child succeed.
Montana Paternity Law and Procedure Handbook
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FAQ
Get on the birth certificate. Once your child is born, the easiest way to establish paternity is by getting your name on the birth certificate. Get an order through an administrative agency. Get a court order.
The alleged father, the mother, or the child him or herself can file a court action requesting that the Montana district court establish paternity.Additionally, the Child Support Enforcement Division of the Montana Department of Public Health and Human Services can file a court action.
1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.
Birth certificate. If a birth certificate declares the father and he signs it, this is a legally binding qualification of paternity. DNA test. Court order.
Fathers who were not married when their child was born must legally establish paternity in order to gain access to father's rights.Once paternity is established, a father may pursue child visitation or other custody rights.
If you would like to formally establish paternity, you should begin by asking the father of your child to voluntarily acknowledge paternity.The birth father can voluntarily acknowledge paternity in two ways: He can be present at the birth of your child and sign a Declaration of Paternity.
Chadwick Hodge, that a man may sue a woman for paternity fraud. A man who has been told by the mother that he is the father of her child can sue her if she is lying.He may also bring a civil action for paternity fraud against the mother to recover damages and any emotional distress.
Child custody laws in Montana allow judges to take a child's wishes into account as a single factor in custody determinations, but will not allow any child under 18 to unilaterally decide which parent to reside with.
