Disputing a paternity ruling

Disputing a paternity ruling

| Feb 5, 2021 | Child Custody |

Knowing the identity of a child’s father is important for several reasons. When fatherhood is in question in Kentucky, it’s crucial to have paternity identified for the potential father — who may want visitation with his child — and for the mother so she may be able to get child support payments from the father. It may also be prudent to know the health history of the father in case of medical emergencies pertaining to the child.

The right to challenge a paternity test

Having said that, a man has every right to challenge the results of a paternity test (and indeed, so does a mother) If either suspects that a paternity test was not performed correctly or that the test was done fraudulently. A man could also suggest that a child is not his because he is sterile or because the mother had an adulterous affair. When a complaint is filed with the court, a judge might order a new paternity test to be done.

A judge will look at other information

Medical records may also be reviewed by a judge which could help to determine paternity. The older the child is, the higher the chance of a paternity ruling being overturned since it may have a negative impact emotionally on the child. If the original paternity order stands, then parents usually need to create a plan for child custody and child support.

Getting legal help

Going it alone when challenging a paternity order may not be the wisest decision. Getting independent legal counsel may help with creating a strategy with the goal of getting a favorable outcome in court. There are new DNA tests along with medical records that could help in determining if a man is a child’s biological father.