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Family Law

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How Paternity Is Established

Paternity is established in court and can be done with or without the father`s assistance. In the process of establishing paternity, the mother may be asked some questions about her intimate relationship with the father. These questions may be avoided if the alleged father appears at the FSD or local child support agency for an interview, admits paternity and cooperates in the establishment of paternity. Also, if the alleged father agrees he is the father, the parents can sign a Declaration of Paternity form stating he is the father.

If the alleged father will not cooperate, the FSD or local child support agency may establish paternity without the father`s assistance. If the alleged father fails to answer a legal complaint that he is the father, the court can name him the father by default. Or, if the alleged father disagrees with or contests the claim that he is the father, paternity will be determined after a court­ordered genetic test has been administered.