This document is a list of clauses used in paternity matters. The clauses include establishing a trust for housing for the child, DNA testing to establish paternity, security of children, support of the mother on a voluntary basis, and a clause to prohibit the mother from contacting the father.
South Dakota Paternity Provisions
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DCS may refer cases to a prosecutor for show cause hearings when a noncustodial parent has not paid any child support for a period of time. The court may find a noncustodial parent in contempt of court if he or she has the ability to pay but is willfully not paying the child support obligation.
The mother and father must both sign the same form in front of a Notary. Once signed and notarized, the Paternity Affidavit must be filed with, or sent to, the South Dakota Department of Health. Once properly filed, the father is the legal father of the child and his name will be added to the child's birth certificate.
If the child has a presumed father, an action to adjudicate paternity must be brought no later than two years after the birth of the child. (See Section 14-20-42 for the limited exception to the two year deadline.)
A legal DNA paternity test (with court-admissible results) for child support, child visitation, and immigration, typically costs $300 to $500, and includes professional DNA collection.
In North Dakota, for children who are born out of wedlock, the paternity of the biological father can be established in two ways. The biological father may voluntarily establish his paternity by completing an Acknowledgment of Paternity form or any legal parent may be added to the birth record by way of a court order.
Paternity can be established several ways: Genetic testing, sometimes called DNA testing, is available from Child Support at no cost when you are receiving Full Services. The result of the genetic testing is used to legally determine the father.
The North Dakota Acknowledgment of Paternity form allows a biological father to establish paternity when he's not married to the mother. The mother and biological father must both sign the form.
Father's Right to Child Support in North Dakota In cases where the father is deemed the more ?fit? parent and is awarded primary custody, he has equal right to petition for child support and also has equal access to child support enforcement services through the state.