- December 1, 2023
- Posted by: legaleseblogger
- Category: Related News
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Legal Question: Can the Court order a paternity test for the NCP parent (father) who is already on the BC?
Background:
In cases where the non-custodial parent (NCP), specifically the father, is listed on the birth certificate (BC), there can still be situations where it may be necessary for the court to order a paternity test. This is especially true if there are doubts about the biological relationship between the NCP and the child, and if the NCP is willing to pay child support.
Legal Context:
When a father is listed on the birth certificate, it is typically assumed that he is the biological parent of the child. However, if there are questions or disputes about the paternity of the child, the court may intervene and order a paternity test to confirm or refute the father’s biological relationship to the child.
In many jurisdictions, the willingness of the NCP to pay child support does not necessarily negate the need for a paternity test. The primary concern of the court is to ensure the accurate determination of paternity in order to establish legal rights and responsibilities for both the father and the child.
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Furthermore, the AI Legalese Decoder can assist in generating legal documents and forms required for requesting a paternity test and navigating the legal process. This can help to streamline the proceedings and ensure that all necessary steps are taken to address any uncertainties surrounding paternity and child support.
Overall, the AI Legalese Decoder can serve as a valuable resource for individuals and legal professionals dealing with complex family law matters, such as paternity testing and child support disputes, by providing accurate and reliable legal guidance.
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How did the dad get on the birth certificate? Was the child born during a marriage? Did the dad sign an acknowledgement of paternity?
The presumption of paternity for a child born during a marriage is a rebuttable presumption – meaning there are legal ways to disclaim paternity during a divorce.
If the dad signed an acknowledgement of paternity, that means paternity is legally established. It is not as simple as showing up to a court hearing and asking for a DNA test.
[here](https://law.justia.com/codes/new-mexico/2021/chapter-40/article-11a/article-3/section-40-11a-307/) is the statute regarding how to rescind an AOP. It has to be rescinded within 60 days of signing.
Only if he denies paternity