A paternity dispute can be an emotional time, whether you’re trying to establish paternity, secure parental rights, or protect your child’s wellbeing. Knowing your legal options and taking the right steps can help make the process less stressful and secure the best outcome for everyone involved.
The family law specialists at Sousa Law have supported hundreds of people through paternity disputes. Below, we outline the key steps to help you protect your rights during the process.
Resolving a paternity dispute can be a lengthy and complex process, so it’s important to consult a solicitor experienced in family law as your first step. They can offer personalised legal advice based on the details of your situation and guide you through the legal steps involved, as well as the possible outcomes. A family law specialist can also assist in gathering evidence and, if needed, represent you in court.
If you’re unsure about who the child’s father is, a DNA test is the most reliable way to determine paternity. This test involves comparing the genetic material of you and the child to see if there’s a biological match.
If the other person is willing to cooperate, you can arrange a DNA test together. However, if they refuse, you can file a legal petition to compel them to undergo testing. In many cases, a judge can order a DNA test if it’s necessary to establish paternity for purposes like child support, custody, or other legal matters.
Once you’ve determined paternity, you may need to discuss child support. This is financial assistance to secure the child’s well-being. The Child Maintenance Service (CMS) can assist you in calculating the appropriate amount based on your income and can help collect payments from the non-custodial parent.
Alternatively, you and the other parent may prefer to reach a private child support agreement. A written agreement outlining the terms can help prevent future disputes and provide clarity for both parties. It’s important to formalise the agreement properly to avoid complications and ensure its legal validity.
Parental responsibility gives a parent legal rights over decisions regarding their child’s education, health, and general welfare. If you’re the father, but not married to the mother, you may not automatically have parental responsibility. You can gain parental responsibility through one of several methods: by entering into a parental responsibility agreement with the mother, being named on the birth certificate (if the child was born after December 1, 2003, in the UK), or applying for a court order. Legal recognition is vital as it allows you to participate fully in important decisions concerning your child’s life.
If you and the child’s other parent cannot agree on where the child should live or how often they should spend time with each of you, you may need to apply for a Child Arrangements Order. This legal document will outline the living and visitation arrangements.
Before taking the case to court, you may want to consider mediation. This is where an independent mediator can help both parties reach a mutually acceptable agreement. Mediation can be faster, less adversarial, and less expensive than going through court.
Alongside child maintenance, you might be eligible for extra financial help, particularly if you’re the main carer or your child has specific needs. This could cover schooling costs, housing, or other things to support your child’s well-being.
You can apply for financial orders through the court to make sure your child is financially secure, especially if the other parent isn’t willing to provide enough support willingly.
If you’re worried that the other parent might try to take your child out of the country without your permission, you can get a child abduction prevention order. This legal step will stop them from leaving the country without the court’s say-so, protecting your rights and keeping your child safe.
You may also need to take additional steps to make sure the order is effective. For example, you might want to ask the court to require the other parent to hand over their child’s passport or prevent them from obtaining a new one. This will make it more difficult for them to travel outside the country without your consent.
No two disputes are alike. The parents’ relationship, the child’s age, and legal nuances can all play a role in the final outcome, which is why it’s crucial to get legal advice that fits your specific situation.
At Sousa Law, we understand how challenging this process can be. With years of experience handling paternity cases, our family law solicitors are committed to helping you protect your rights and secure the best outcome for you and your child.
Ready to explore your options? Book a confidential consultation online or call us on 02380 713060. We’re here to support you every step of the way.
16 College Place, Southampton, Hampshire, SO15 2FE
Tel: 02380 713 060
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