Claims of paternity may be challenged
Establishing paternity is an important part of solidifying the relationship between an Illinois father and his child. As previously discussed on this blog, one way paternity can be proven is through DNA testing that compares the genetic material of a man to that of his purported child. Paternity testing happens after a child is born to either give a father rights or to require a father to pay child support.
However, not every claim of paternity that is made against men is valid. A man may find himself in the middle of a paternity lawsuit even though he is sure that he is not a child’s biological father. When this happens he can fight to overcome claims of paternity so that he is not legally and financially tied to a child that is not his.
There are a number of ways to defend against a paternity claim. A man can challenge paternity by demonstrating that he is sterile or infertile, which would render him unable to have children. He may show that the child’s mother had an affair during their relationship and that another man is responsible for her offspring. Purported fathers may also challenge the results of paternity tests, assert that such tests were erroneously completed, or allege other mistakes made during the collection and testing of genetic materials.
Establishing paternity is necessary for a man to obtain the legal right to be involved in his child’s life. However, not every man who is alleged to be a father truly is connected to their purported children. Paternity and paternity challenges are serious legal issues that can and should be discussed with family law attorneys.