Search Results for: legal paternity

Paternity Fraud: the Tough Realities Men must Face

With the wide availability of affordable paternity test kits online and at the local drugstore, more and more men today are making the choice to find out if the children they’ve been supporting are truly theirs. There’s no doubt about it: DNA testing has been a game-changer in the child-support landscape. The she said/he said arguments about who fathered a child are now completely irrelevant, right? Not necessarily.

First: Some Paternity Test Stats

The AABB (American Association of Blood Banks), which accredits DNA testing labs, released its findings about paternity testing in a landmark 1999 report. The report states that 30 percent of DNA paternity tests nationwide turn out negative.

The tidal wave of outrage at this report’s findings started out as a rather small ripple, but has grown bigger and bigger in the 17 years since . . . and with good reason. As more men have questioned paternity they are finding that, despite DNA evidence disproving a biological connection and that paternity fraud is recognized and handled as a criminal offense, the courts are not always willing to let these men off the financial hook.

What’s been happening in Court

CASE #1

For years, singer Ne-Yo, of California, paid child support to an ex-girlfriend for a boy she claimed was his. A DNA paternity test eventually proved he wasn’t the biological father. But because the state of California considers any man to be the father if he puts himself out there as one, the mother can come after that man financially as if he were the biological father (Jones).

CASE #2

In 2010, the California Supreme Court refused to review a tough court decision for homeless man Hari Wilburn. Way back in 1991, Wilburn was named as the father of a five-year-old child, even though he was never properly informed by the state. He was subsequently ordered to pay child support. Despite the fact that a 2008 paternity test excluded him as a possible father and that he never acted as father to the child, the court stated that the mother was entitled to back child-support payments in the tens of thousands of dollars (Crouch). You can read the opinion here.

CASE #3

Pennsylvania resident Mike L. was the subject of a heart-wrenching New York Times article back in 2005, when the tidal wave of paternity fraud awareness was really starting to grow. Mike divorced his wife, the mother of his daughter, when he discovered an affair and a paternity test proved the child wasn’t his. He paid child support and nurtured his parental relationship for years even though he was not his daughter’s biological father. He continued to dutifully pay support until his ex decided to marry the man whom she claimed was the biological father. Mike filed to end his financial obligations to his daughter since the biological father would now be in the household. He ultimately discovered he loved the girl so much he couldn’t deny legal paternity and risk losing all contact with her (Padawer).

What Can Men Do to Protect Against Paternity Fraud?

Padawer’s article mentions that state statues and case law vary widely, but that many judges-as is evident in the cases mentioned above-decide that men (whether they are married to the mother or not) must continue supporting their children, no matter what the results of a paternity test may show. If a man has any doubts whatsoever about whether or not he is the father, he should consult with an attorney to determine how best to proceed. Unmarried men may choose not to sign an acknowledgment of paternity or birth certificate and let the determination of paternity be made through the courts.

The Bottom Line

Paternity fraud is real, but society and the courts are demonstrating that the very definition of fatherhood is changing. The emotional ties between a man and the child are just as important as the biological relationship, and both connections have weight in legal paternity decisions, including child support. Meanwhile, do you have doubts about paternity? Don’t wait: Get a paternity test NOW.

What do you think about this controversial topic? Share in the comments!

Follow us on Facebook and Twitter! If you have questions about paternity tests or other DNA testing services, please contact our Client Support Center at 888-404-4363, Mon-Fri from 8:30 AM to 5:30 PM Eastern Time. Our friendly, expert representatives are ready and happy to help. Get answers anytime by visiting our Help Center.

Resources

Crouch, Harry. “California Men’s Centers, San Diego.” California Mens Centers San Diego RSS. California Men’s Centers, 29 July 2010. Web. 19 Jan. 2016. <http://www.californiamenscenters.org/wordpress/?cat=8>.

Hertz, Frederick. “How to Establish Paternity.” Nolo.com. Nolo, n.d. Web. 19 Jan. 2016. <http://www.nolo.com/legal-encyclopedia/free-books/living-together-book/chapter7-4.html>.

Jones, Deja. “The Harsh Realities Of Paternity Fraud.” MadameNoire RSS. Moguldom Media Group, 12 Aug. 2015. Web. 19 Jan. 2016. <http://madamenoire.com/577695/are-you-the-father-paternity-fraud-black-men/>.

Padawer, Ruth. “Who Knew I Was Not the Father?” The New York Times. The New York Times, 21 Nov. 2009. Web. 19 Jan. 2016. <http://www.nytimes.com/2009/11/22/magazine/22Paternity-t.html?pagewanted=all>.

5 Essential Tips for Acing your DNA Paternity Test

Are you planning on doing a DNA paternity test soon? These days, picking up a kit is as easy as going to your local store or shopping online at your favorite pharmacy chain, independent drugstore, or superstore.

The results of a paternity test are often life-changing and you’re probably a little nervous, so it’s essential that you do your homework beforehand about whether or not you’ve got the right test for your needs and then how to do it correctly. Here are 5 essential tips for acing that all-important paternity test.

Paternity Test Tip #1: Choose the Right Test

The paternity test kit you purchase at the store contains three sets of special DNA-collection swabs: one set each for the child, possible father, and mother. The lab fee printed on the outside of the box reflects the price for testing these three individuals only.

If the possible father isn’t available for testing

If the possible father is deceased or otherwise unavailable to test, then a straight paternity test is no longer an option: what you need is The DNA lab can test other relatives of the possible father (such as one or both of his parents, a sibling, or other known children) to establish or discount a paternal relationship. This is called “relationship testing” or “family reconstruction testing.”

Keep in mind that the cost of this type of testing to determine paternity is higher due to the more extensive analysis involved, and the participation of the child’s mother is highly recommended in order to get conclusive results. It’s definitely more cost-effective if the possible father can participate in a straight paternity test.

If this is what you need, contact our lab directly to set up the test.

Paternity Test Tip #2: Consider how you’re going to use Results

Do you just want paternity results just for your own information or do you anticipate needing to use those results in court someday?

Peace of mind only

When you collect DNA at home, results are most likely not court-admissible. This is because the court has no way of knowing if DNA samples tested belong to who participants claim they do. But if you aren’t going to court, then doing the test at home works just fine: the testing process is exactly the same as it is for court-admissible testing and you can trust results.

Child support, child custody, immigration, inheritance rights

If you need paternity test results for any of the legal reasons listed above, then DNA collection and submission of samples for testing must be witnessed by an approved third-party in order to stand up in court. You cannot get legal results from an at-home kit you buy at the store; the test must be set arranged by the lab. Setting up this test is super-easy: Our DNA lab arranges for the assistance of a witness where you live and you just pay an extra fee for this service. If this is what you need, contact our lab directly to set up the test.

Paternity Test Tip #3: Follow Kit Directions Carefully

An at-home paternity test kit contains instructions on how to perform the swabbing and how to handle swabs before and after DNA collection. Take the time to read through all instructions thoroughly before swabbing to help mitigate the chance of sample contamination and/or delays because collection wasn’t done correctly.

Why are swabs with DNA stored in paper envelopes and not in tubes? DNA is organic material and is therefore subject to growing mold over time. Storing and mailing swabs with DNA in paper envelopes allows the samples to “breathe” and therefore reduces the chances of mold growth. If swabs seem a little too “wet” to put in paper envelopes immediately, simply wave them in the air for about 60 seconds and then put them in the paper envelopes included in the kit.

Are you in a hurry?

For your convenience, a postage-paid envelope is included in the kit. But keep in mind that if you send samples via this method, it can take 5-10 business days for DNA to arrive at the lab. You can expedite the process by sending samples in via first-class mail or other service such as FedEx or UPS.

Paternity Test Tip #4: When Collecting DNA, Supervise Each Other

If at all possible, it’s highly recommended that all participants in the paternity test be in the same room when collecting their DNA. Supervise each other during the swabbing and go to the post office together to make the drop-off once collection is done. Following this simple process keeps the honest honest and greatly decreases the chance of paternity fraud.

If participants live in different states or if there is reason to believe one of the participants might try to “cheat” the test, then insist on getting a witnessed test instead of testing at home—even if you don’t plan on using results in court. Paying a little extra money for an impartial witness is worth the peace of mind!

Paternity Test Tip #5: Choose an Accredited Lab

Why trust something as important as your paternity test to any lab but the best? Only choose a lab like ours that maintains the highest levels of accreditation. This ensures your samples will be properly handled, tested correctly, and analyzed by professionals. Our lab’s testing processes are exactly the same as those done for court-ordered tests, and our consistent 5-star reviews speak for themselves, so you can be sure you are in good hands.

The Bottom Line

Follow these tips and you’re sure to ace that all-important paternity test: Choose the right test for your needs, consider how you need to use results, follow all kit directions, supervise each other’s DNA sample collections, and only go with an accredited lab.

Can you think of other tips? Share in the comments!

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7 Ways a Paternity Test Can Make Your Family Stronger

Having a father figure or knowing the identity of the biological father is critical so that your child’s health and quality of life is not compromised. The easiest and most reliable way to discover a child’s biological father is to take a HomeDNA paternity test. The results, regardless of what they may be, will give you the answers you need to build a strong and happy family. Here are the top seven ways taking a DNA paternity test can make your family stronger.

1. Emotionally-expressive children

Having a father figure-biological, adoptive, or step-is proven to make children more emotionally expressive (Freakonomics 2011). Children with both a mother and father figure in their lives are able to better regulate their emotions, resulting in less outbursts of aggression and more friendly cooperation in social settings. Having two parental figures who exhibit emotions that positively impact their children are better able to teach their children how to appropriately react and modulate their emotional responses.

2. Improved cognitive abilities

According to research by William Scott for ParentsAsTeachers.org, involved and nurturing fathers can improve their child’s cognitive abilities, resulting in better school performance and higher IQs (2011). A paternity test often encourages the biological fathers to be involved in their child’s life, and the certainty of the father-child relationship is likely to deepen their bond and make the father more loving and devoted.

3. Better health for your child

One incredibly-important reason to get a DNA paternity test is for your child’s health. Confirming the child’s biological father with a DNA test provides you with a record of his family’s health history. This could be beneficial during pregnancy (with non-invasive prenatal DNA testing) or childhood for early detection of any genetic disorders or health risks. Having records of family health history can also inform doctors on the best tests and treatment options for your child. Keeping your child healthy makes your family stronger by reducing the chances of serious illness or disease that could have been detected early on or avoided entirely.

4. Legal evidence for child support

If the biological father of your child does not want to be involved in his child’s life, a DNA paternity test can ensure that he is legally accountable by providing child support. Child support is especially important in single-parent families to make sure the child can be supported financially until they reach an age that allows them to support themselves. Financial strain will not only affect family relationships, it can also impact a child’s quality of life.

5. Sense of identity

Knowing the biological father can also positively affect a child’s sense of identity. Having a complete understanding of who their true parents are, where both they and their ancestors came from, and how they themselves came into being can help them better understand who they are and take pride in their identity. This information can help them discover their roots and expand their cultural awareness as they learn more about their family’s place in history. As a result this creates a higher self-esteem and more empathetic behavior toward others.

6. Happy life beyond childhood

Many studies have found that children with good relationships with their fathers are less likely to experience depression, not only in their younger years, but also far into adulthood (Haskett 2012). In addition these same children are less likely to exhibit delinquent behaviors or become involved with drugs and/or violence. The presence of a good father figure can positively impact your child’s development and well-being, laying the crucial groundwork for a happy and successful life.

7. Peace of mind for the entire family

Most of all, paternity testing can unite your entire family by giving everyone peace of mind. Uncertainty can create distrust and paranoia that, unless addressed head-on, can hurt your chances of having a happy, strong, and loving family. Rather than living without knowing, finding the answers you need can deepen family bonds and ensure that each child has what they need for a happy and fulfilling life.

Make your family stronger with the DNA paternity test from HomeDNA

These areas of child development are based on the presence of a positive father figure, however you choose to define it. This includes any male role model in the child’s life, such as biological fathers, stepfathers, adoptive fathers, extended family members, family friends, and even educators. However, many of the benefits listed above are dependent on simply knowing the identity of child’s biological father, whether he is involved or not.

Find a paternity test kit near you and make a stronger, happier, and healthier family today.

Follow us on Facebook and Twitter! If you have questions about paternity tests or other DNA testing services, please contact our Client Support Center at 888-404-4363, Mon-Fri from 8:30 AM to 5:30 PM Eastern Time. Our friendly, expert representatives are ready and happy to help. Get answers anytime by visiting our Help Center.

Bibliography

“Benefits and Uses of DNA Paternity Testing – Paternity & DNA Testing.” Paternity DNA Testing RSS. DNA Diagnostics Center, 10 July 2014. Web. 29 Apr. 2015.

Evans, Garret D., and Kate Forgarty. “The Hidden Benefits of Being an Involved Father.” The Hidden Benefits of Being an Involved Father. Education.com, 4 May 2011. Web. 29 Apr. 2015.

“Gather and Share Your Family Health History.” Centers for Disease Control and Prevention. Centers for Disease Control and Prevention, 17 Nov. 2014. Web. 29 Apr. 2015.

Haskett, Mary E., Rebecca Stelter, Katie Proffit, and Rachel Nice. “Parent Emotional Expressiveness and Children’s Self-regulation: Associations with Abused Children’s School Functioning.” Child Abuse & Neglect. U.S. National Library of Medicine, 6 May 2012. Web. 29 Apr. 2015.

“How an Absent Father Affects Boys and Girls Differently.” Freakonomics RSS. N.p., 19 Oct. 2011. Web. 29 Apr. 2015.

Rosenberg, Jeffrey, and William Bradford Wilcox. The Importance of Fathers in the Healthy Development of Children. Washington, D.C.: U.S. Dept. Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau, Office of Child Abuse and Neglect, 2006. ChildWelfare.gov. U.S. Department of Health and Human Services, 2006. Web. 29 Apr. 2015.

Scott, William, and Amy De La Hunt. “RESOURCES FOR Men in the Lives of Young Children.” YC Young Children 65.3 (2010): n. pag. Parents as Teachers. 16 Nov. 2011. Web. 29 Apr. 2015.

Search Results for: legal paternity

First: Some Paternity Test Stats

What’s been happening in Court

What Can Men Do to Protect Against Paternity Fraud?

The Bottom Line

Paternity Test Tip #1: Choose the Right Test

Paternity Test Tip #2: Consider how you’re going to use Results

Paternity Test Tip #3: Follow Kit Directions Carefully

Paternity Test Tip #4: When Collecting DNA, Supervise Each Other

Paternity Test Tip #5: Choose an Accredited Lab

The Bottom Line

Nationally and Internationally Accredited.