Establishing and disestablishing paternity in the context of domestic violence

Abstract

A married man is legally presumed to be the biological father of his wife’s offspring. But there are times that a legal parent objects to paternity or a mother questions the paternity of her partner or asserts the husband is not the biological father. There are times when unmarried partners are uncertain about paternity, a single or divorced mother wants or needs to seek child support, or a man seeks custody or under his legal control.” In many states, the basis for this assertion may include a material factual mistake, fraud, or duress. The timeline to disestablish paternity will depend on state law and the unique circumstances of each case. In terms of venue, regardless of where the child was actually born, paternity can often be established by filing in the county where the child or mother or the putative father is living.