General Significance

• Each state imposes its own requirements for paternity lawsuits or parentage actions. In general, a paternity lawsuit indicates that at least one parent or another interested party, such as a biological father who is not the mother's husband, wishes to obtain a court order to establish paternity of a child. An establishment of paternity often leads to an obligation to pay child support, as well as a legal right to request custody rights or visits with the child. At the conclusion of court proceedings, the judge may issue a court order stating whether a man is the child's legal father or not.
  
  

Contested Cases

• When the parties involved in a paternity lawsuit cannot reach an agreement regarding paternity, their case often becomes a contested case. In contested actions, the parties may need to schedule a trial date to discuss their case with a judge in court. Before their trial, the parties to the paternity lawsuit may need to participate in a settlement conference or mediation services, depending on the requirements set by their state's paternity, family or domestic relations laws.
  
  

Genetic Testing

• The judge in a paternity case may require DNA testing to confirm or deny a man's paternity of the child, especially if one or more of the involved parties dispute the man's fatherhood. A DNA test involves the comparison of a man's genetic material with the child's genetic material. According to the American Bar Association, genetic testing has an accuracy rate of 99 out of 100 cases. While in court, the judge also may decide who should pay the expenses for completion of the DNA testing.
  
  

Rescission of Paternity

• In some situations, a man may wish to dispute his paternity of a child, even if he previously established his paternity according to the laws of his state. The circumstances may vary depending on whether the legal father was married to the mother when he established paternity of the child or if he established paternity of the child as an unmarried father. Whether a man can rescind or disestablish paternity also may depend on how much time has passed, as well as other factors; some states do not permit this type of lawsuit after the child has already reached the age of two years. In court proceedings or at trial, the judge must apply the paternity laws of the state, including the laws regarding whether rescission or disestablishment of paternity may occur.
  
  

Child Custody and Support Issues

• As part of court proceedings in a paternity case, each party may have an opportunity to express preferences regarding child custody and visitation or parenting time, as well as child support payments. The judge overseeing a paternity case also may issue related orders, such as an order setting forth each party's custody rights, after the court has established paternity. The judge must consider the child custody or support laws provided in the state code or state statutes.