Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Tara Brewer

Special to DadsDivorce.com

Men questioning paternity has become a widespread issue that leaves many guys confused about the complex paternity law process, according to a recent survey.

In a survey conducted by Identigene DNA Paternity Test, more than 10 percent of adults have been in a situation where they found out the presumed father of a child is not the dad after all.

Another 1 in 5 adults said that a close friend or family member has questioned paternity. These statistics show that many people are looking for answers to their paternity questions as 51 percent of adults with paternity questions either plan to address them in 2012 or would like to but are unsure where to start.

Question:

How do I challenge a child support decision via a paternity test?

I was just submitted with child support papers from a woman I am convinced did not have my child. But she somehow was able to get me on the hook for child support.

Isn't there supposed to be paternity tests before filing for child support? How can I get a paternity test to prove I'm not the father and dismiss these child support orders?

By Robin W. Klein

Mens Divorce Attorney, Cordell and Cordell

Paternity law is a complex area of law that frequently discriminates against fathers rights.

It's not uncommon for family law attorneys to have clients with children that have never been married to the mother nor been to court who simply have verbal agreements about who pays what and who gets to see the child when.

In these situations, the mothers have all the power since unwed fathers generally have few rights to their children.

So if you are an unwed dad, here is what you should expect in terms of child support, parenting time, health insurance costs, etc., if your child's mother finally takes you to court to have a judge formalize your relationship.

By Richard Saunders

Member, Children’s Rights Council of Illinois

I was recalling a conversation I had with my divorce lawyer while in the midst of my own child custody quarrel, about the typical activities I engaged in with my children.  

My lawyer's response was that my activities would demonstrate to the court that if the kids resided with me, the kids would be getting "both a mother and a father."

I replied that I am not trying to be their mother; I like to think of myself as an omni-parent.

I thought to myself, "Do I really want to go to court and look as if I can assume, or worse, usurp the role of the other parent? Somehow that's supposed to make me look like a better parent? How is that fostering a caring and loving relationship between the children and both parents?"

In hindsight, my lawyer's advice ironically may have had some merit, given the convoluted logic and misperceptions of many family law courts.

By Nathan A. Hacker

Mens Divorce Attorney, Cordell & Cordell

Paternity law is a growing area of litigation as currently more than 4 out of 10 children are born to unmarried parents, according to the National Center For Health Statistics.

Of the 41 percent of children born out of wedlock, many biological fathers are not even in the picture at the time of birth only to find out years later that they are in fact the father.

In these situations, how does an unwed biological father gain child custody or visitation rights? How long will it take? What factors are considered? How much of a role does the mother's behavior have in these determinations?