Utter the phrase 'paternity testing' and you might picture a chaotic scene straight from Maury. In the real world, however, paternity testing looks little like the drama-heavy version portrayed on television. Dealing with paternity issues? These recent advancements in DNA testing may help:
Paternity testing has become the de facto method of determining fatherhood, especially in disputed cases that end up in court. But not all cases need to go to court. Here are three cutting-edge paternity technologies that show great promise for the future.
When paternity testing started including DNA analysis in the mid-1980s, the accuracy in identifying biological fathers rose from about 80-90 percent to an astounding 99.99 percent. In spite of this accuracy, each Minnesota family law attorney at our firm understands why some parents do not feel the need to take a scientific approach, particularly when they believe parentage is certain.
When children are born outside of marriage, mothers must establish legal paternity to pursue child support, and fathers need to do the same to pursue their legal rights to their children. As a general rule, however, the Minnesota Courts presume paternity when a man is married to the biological mother at the time of a child's birth, as well as under other specific circumstances.
Minnesota law automatically assumes that children born out of marriage are the husband's biological children with full paternal rights. Outside of marriage, when both parents agree to a man's biological paternity, they can avoid the need for genetic testing by signing a Minnesota Voluntary Recognition of Parentage Form. While this process affords fathers with certain rights, when it comes to child custody and other parenting rights, they may need to seek help from experienced attorneys.
Most of the time, life within a family is a positive, united experience. Still, as with many aspects of life, some or all family members need to undergo some type of legal process at one point or another. This does not mean that every situation requires a team of Minneapolis family lawyers. There are definitely times when one skilled lawyer can help get a process completed efficiently.
It is common for both parents to seek greater control over the children after divorce. When they levy false criminal charges against each other to obtain better divorce settlements, however, everyone in the family can be harmed — often irreparably.
Big changes have occurred in family law this most recent legislative session. One of the key changes involves a revamped "best interest of the child" standard for custody and parenting time disputes in divorce and paternity cases. One key amendment involves the the court to examine the benefit of "maximizing" parenting time with both parents.
Paternity cases involve a situation in which the parents of a child are unmarried, yet the father of the child seeks to establish certain rights, including physical custody, legal custody and parenting time. The gateway to such a claim, however, involves the establishment of paternity in and of itself. In Minnesota, there are just two ways to establish paternity: (1) the execution of a Recognition of Parentage; and (2) a judicial determination (court order) of a parent-child relationship. A "parent-child relationship" is defined as "the legal …
A parental consultant (PC) is a figure that both parents will agree upon, who is then appointed by a judge. The PC will provide expert opinion, and assist in resolving parenting issues that arise. Another similar individual used in cases is a parenting time expeditor. These individuals are court authorities and are to be treated like a judge, which means their decisions carry the same weight as a court order. They only make decisions related to parenting time. Unlike parenting time expeditors, parenting consultants are allowed to resolve any parenting …