Can I avoid legal financial responsibility for a child I might 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:

To be liable for child support, a man must be legally determined to be the father. You can initiate a paternity action to establish paternity, which may include a court-ordered DNA test. However, the right to waive child support typically belongs to the child, not the parents. Courts are generally reluctant to allow support to be waived, as they prioritize the child's best interest. Ultimately, any decisions regarding child support will be made by the court based on the specific circumstances of the case.

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.