Dealing with paternity cases is no walk in the park.
Tens of thousands of families go through the confusing court system every year. They struggle to understand the complex legal and paperwork requirements with no idea where to start.
It’s hard on everyone involved, but especially on the children.
Here’s the problem: the process doesn’t have to be this difficult and costly.
When you’re dealing with child support, custody, visitation rights, and the future of your family, it’s vital to make the right decisions and avoid costly mistakes. You can’t afford to do it alone.
Thankfully, help is available.
Family attorneys are experienced in handling the full range of paternity disputes and determinations. They have the training, tools, and family law-specific experience needed to protect your rights and resolve the situation as quickly and favorably as possible.
When you need expert assistance with a paternity dispute or determination, experienced family attorneys in Arkansas or any other state can provide the guidance you need.
What You’ll Learn
- Why Paternity Disputes Are More Common Than You Think
- The Legal Process of Establishing Paternity
- How Family Attorneys Navigate Complex Cases
- Different Types of Paternity Disputes
- The Role of DNA Testing in Legal Proceedings
- Timeline and Costs of Paternity Cases
Why Paternity Disputes Are More Common Than You Think
380,000 paternity cases are processed in the state court system every year in the U.S. alone. That’s more than child abuse, guardianship cases, and even adoptions combined.
If you’re wondering why, here are some of the main reasons:
- There are more unmarried parents having children.
- DNA testing is now much more accessible and affordable.
- Families are more complex than in the past.
It’s important to understand that the numbers keep increasing. Studies found that when paternity is actually contested and testing is required, 17% to 33% of men tested are not biological fathers.
The Legal Process of Establishing Paternity
Think that establishing paternity is easy?
Think again.
The legal process can vary quite a bit depending on where you live, your situation, and whether the other parent agrees. It’s one more thing family attorneys are trained to handle on your behalf.
The typical process generally includes:
- Filing a petition with the family court
- Serving the legal papers on all other involved parties
- Requesting genetic testing
- Attending any court hearings
- Receiving the final court order
But here’s what you may not realize:
DNA tests can determine biological fathers with 99% accuracy. However, legal paternity is different from biological paternity and this legal distinction can create complex legal challenges.
For example, if you were married when the child was born, the law presumes your spouse is the child’s father – even if the biology says otherwise. Overcoming this legal presumption can be challenging and time sensitive.
How Family Attorneys Navigate Complex Cases
If you’re like most people, you don’t understand how complicated paternity law can be.
It’s not just about getting DNA testing done and the results are back. Family attorneys handle several layers of legal complexity that most people never consider.
Family attorneys help with:
- Legal Documentation – preparing and filing all the required court documents correctly and on time
- Strategic Planning – the right legal approach and strategy based on your unique circumstances and goals
- Negotiation – negotiating with the other party to reach agreements that best protect your interests
- Court Representation – representing you in court during hearings to ensure your rights are protected
Family attorneys see every type of case and challenge. They know what’s needed to navigate the obstacles that often arise in paternity determinations and disputes.
Different Types of Paternity Disputes
There are several types of paternity disputes family attorneys can help you with. Each has unique legal requirements.
Here are the most common:
- Establishment Cases: When paternity needs to be legally established for the first time
- Disestablishment Cases: When paternity needs to be challenged or reversed due to new information or possible fraud
- Contested Cases: When parties disagree about paternity, and DNA testing must be ordered by the court
- Modification Cases: When existing paternity orders must be changed due to new evidence or changed circumstances
Each case type requires different legal approaches and strategies. The attorneys you hire should be experienced in all of the above.
The Role of DNA Testing in Legal Proceedings
One of the things that makes modern-day paternity cases different is the availability of DNA testing. But family attorneys know that getting the results and presenting them properly in court requires following certain procedures.
The typical testing process involves:
- Collection and storage following a court-ordered procedure
- Documentation of the chain of custody
- Expert testimony when required
Family attorneys make sure that the DNA evidence is collected properly and in a way that will be admissible in court. They also know how to present it to the judge or handle challenges to test results when necessary.
Fun fact: Most paternity tests results are ready within 4-6 weeks after collection. The legal process can take much longer.
Timeline and Costs of Paternity Cases
You probably want to know how long this legal process will take.
In many cases, it can vary widely depending on the complexity of the case, how cooperative the other side is, and the current court calendar. Experienced family attorneys can give you a better sense of the timeline and work to move things along as much as possible.
The timeline can look like this:
- Uncontested cases: 3-6 months when both parties mostly agree
- Contested cases: 6-18 months when there are disputed issues that require DNA testing and court hearings
- Complex cases: 12+ months when multiple legal issues are at play or there are appeals involved
The costs can also range widely. Simple uncontested cases may only cost a few thousand dollars. But a complex contested case could run 10’s of thousands of dollars.
But here’s the deal:
The cost of NOT having legal representation is often much higher than attorney fees. The costs of making mistakes in paternity cases – when it comes to child support, custody rights, and financial obligations – can last for decades.
When You Need Professional Legal Help
It’s not uncommon for people to think they can handle these matters on their own.
While it is possible, the statistics show how difficult that is to do. In a recent study from Washington D.C., 97% of survey respondents in paternity and child support cases had to appear in court without an attorney. This caused many of them delays, mistakes, and unfavorable decisions.
Family attorneys are so important because they:
- Understand complex state laws and local court procedures
- Have experience with the local courts and judges
- Can negotiate with the other side for better outcomes than you may get on your own
- Handle all the paperwork and legal requirements correctly
Paternity determinations can affect child support obligations, visitation rights, inheritance issues, and medical decision-making authority. These are all rights you don’t want to give away or lose without proper representation.
Protecting Your Rights and Interests
Family attorneys do more than fill out legal paperwork. They build a strategy to protect your rights and help you achieve your long-term goals.
They consider:
- Your current financial situation and obligations
- How future child support payments will be determined
- Custody and visitation preferences
- The child’s best interests
Every decision you make in these cases has long-term impacts. A qualified family attorney can help you understand these implications and make decisions with confidence.
Conclusion: Taking the Right Steps Forward
Paternity disputes are never easy, but you can make the process much less painful and costly by hiring a qualified family attorney to help you.
Family attorneys provide the right mix of legal knowledge, relevant experience, and strategic thinking to help you handle your case correctly. They understand the complexities of paternity laws in your state and can protect your rights during the process.
Whether you want to establish paternity, challenge paternity, or modify an existing order, qualified legal representation can make a big difference to the outcome.
Don’t risk it.
The legal system is complex and confusing. The stakes are high and mistakes can be expensive and last a lifetime. The cost of family attorneys is well worth the benefits.
Find a qualified family attorney in your state who specializes in paternity cases and disputes, and get the expert guidance you need to protect your rights and secure your family’s future.