Is there a form that could dismiss me from any legal financial responsibility if I am the father?

Full question:

I might be the father of a child, but the mother doesn't want to get a DNA test and her husband is the legal father. Is there a form that could dismiss me from any legal financial responsibility? I am not involved in their life at all. I just want to cover my self for the future.

  • Category: Paternity
  • Date:
  • State: Hawaii

Answer:

Typically, in order to be liable for child support, a man must be determined to be the father of the child. It is possible to bring a paternity action to determine whether you are the father. In a paterity action, the court may order genetic testing to establish paternity.

Generally, the right to waive the support is construed to belong to the child and not to the parent with whom the child lives. Since the child is not competent to make this kind of decision, the court is very reluctant to allow child support to be waived. It will be a subjective matter of determination for the court based on all the facts and circumstances in each case. The overriding determining factor is the child’s best interest and the child support ordered in the decree will ultimately be a matter for the court to specify.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If a mother refuses a DNA test, the court may still proceed with a paternity action based on other evidence. However, the refusal can complicate the case. The court may order a DNA test despite the mother's objections if it believes it's necessary to determine paternity. Ultimately, the decision will depend on the specific circumstances and the best interest of the child.