This form is a generic affidavit that may be referred to when preparing an affidavit of a married man whose wife gave birth to a child and he is not the father of the child.
West Virginia Affidavit of Husband Denying Paternity of the Child
Category:
State:
Multi-State
Control #:
US-01480BG
Format:
Word;
Rich Text
Instant download
Description
How to fill out Affidavit Of Husband Denying Paternity Of The Child?
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FAQ
Denial of Paternity. If a child's mother is married to a man other than the biological father at the time of birth or within 300 days of the ending of a marriage (by a finalized divorce,) the (ex) husband is presumed to be the legal father.
DNA Testing in West Virginia Most Collection sites can do sample collection the same day that you call and most charge about $25 per/person for collecting the DNA sample and overnight the samples to our lab.
Court Order Establishing Paternity If at this hearing, the man you think is the father denies that he is your child's father, then the judge will often require him to get a DNA test to resolve the issue. This DNA test will be used as evidence that he either is or is not the father of your child.
Unmarried Mother's Parental Rights in West Virginia If the parents are not married, the mother is usually given the primary custody rights automatically. This means the mother has complete authority to make minor and major decisions regarding the welfare of the child.
Unwed Father ? An unwed father is an unmarried man who has a child with a woman. The unwed father must pay child support if a court finds that he is the biological or acknowledged father. An unwed father who pays child support may also have visitation rights with the child and can seek custody of the child.
Similarly, both parents signing an Acknowledgment of Paternity (AOP) form under oath establishes paternity for that child. This is most often done in the hospital when the child is born. Among other benefits for the child, signing an AOP ensures that the child's original birth certificate includes the father's name.
Now, judges could go along with agreements with regards to child support, but it's really going to vary from judge to judge as to whether that's acceptable. Often in West Virginia, it's very customary in family court, even when there is some sort of agreement, that the court still applies the child support formula.
How long do the mother and father have to establish paternity? The mother and father can establish paternity for the child up until the child's 18th birthday, or 21st birthday if actions are brought by the child.
