Full question:
Unwed father and mother have a child. Father's name on the birth certificate. Raises child as own for 4.5 years. Files for custody. Mother tells judge he is the father, then tells father to get paternity test. Non-legal PT done. Not father. Father wants to raise child, due to neglectful mother. Judge gives tempory custody to father. Is father obligated to tell lawyer about the PT test and the judge?
- Category: Paternity
- Date:
- State: New Mexico
Answer:
If parents are unmarried when a child is born, the child does not have a legal father until paternity is established. A man who signs a birth certificate is presumed to be the father until this presumption is disproven by evidence, such as a genetic test result. States provide ways for unmarried parents to acknowledge paternity, which can be done voluntarily or through court action.
A father may acknowledge paternity by signing a written admission or an affidavit. If a paternity action is filed, the court will review it to determine if a paternity test is warranted. If a test is ordered, the mother, child, and alleged father must be tested at a designated facility.
Unmarried fathers have similar rights and responsibilities as married fathers. If a father believes he is unjustly denied access to his child, he can file a paternity action. Only certain parties have the legal standing to bring such an action, including the mother, the alleged father, and the child.
In custody complaints, if a father claims to be the child's father and this statement is false, it could lead to serious consequences, including perjury or fraud charges. While a person may not be prosecuted for lies told to an attorney, if those lies are presented in court, they can lead to significant penalties.
As for your specific situation, the father has a continuing duty to inform the court of any relevant proceedings, including the paternity test results (N.M. Stat. § 40-10A-209). Therefore, he should disclose the test results to his lawyer and the judge to avoid potential legal repercussions.
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.