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Paternity
Can my lover avoid child support obligations if he denies paternity?

Can my lover avoid child support obligations if he denies paternity?

Q: What happens if I have a baby with a U.S. citizen?

If you have a baby with a U.S. citizen, the child may be eligible for U.S. citizenship at birth, depending on certain conditions. The U.S. citizen parent must meet residency requirements. If the child is born abroad, you may need to register the birth with the U.S. embassy or consulate to obtain citizenship documentation.

Full question:

I am married and had a child with my lover (who is a US citizen but lives abroad). my husband has doubts about the paternity of the child and might ask for a DNA test. my lover does not want to be involved in any way in rearing or sustaining the child and I agree with him. is there any legal document he and I can draft that will exonerate him with certainty from any obligation towards the child? can he be forced to undergo a paternity test, and with what consequences if he is found to be the father of my child?

Category: Paternity
Subcategory: DNA Test
Date: 04/07/2025
State: Massachusetts

Answer:

The most common way to terminate a parent's rights is through voluntary relinquishment. If your lover agrees and another person (like a new spouse) wants to adopt the child, the court may terminate his parental rights, ending his obligations. Judicial termination can also occur if the court finds the parent unfit or a threat to the child. This requires clear evidence of harmful conduct.

If your lover voluntarily relinquishes his rights, it may not be allowed if it appears to be an attempt to avoid child support. The mother (you) must be notified and can express her lack of consent at the hearing. The court's primary concern is the best interests of the child.

In most states, a paternity action is a civil lawsuit that can be initiated by specific parties, including the mother, the alleged father, or the child. If your husband files a paternity action and the court finds sufficient grounds, it may order a paternity test. This test typically involves the mother, child, and alleged father being tested at a designated facility.

If the court determines your lover is the father, this decision is final and can affect his rights and obligations, including child support. A new birth certificate may be issued reflecting this determination.

For specific legal advice and assistance, consider consulting a local attorney who can provide guidance based on your circumstances.

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

Does father's DNA match with child?

To determine if a father's DNA matches with a child, a paternity test is conducted. This test compares the DNA of the child with that of the alleged father. If the DNA matches, it indicates that the man is likely the biological father. If there is no match, he is not the father. Paternity tests are typically performed at accredited laboratories and require samples from the mother, child, and alleged father.

How do you tell if a child is yours without a DNA test?

Without a DNA test, determining if a child is yours can be challenging. Factors such as physical resemblance, shared traits, and the nature of your relationship with the child's mother may provide some indication. However, these are not definitive. The most reliable method to establish paternity is through a legal paternity test.

How do I get a paternity test if father is in another country?

To obtain a paternity test when the father is abroad, you can work with a laboratory that offers international testing services. They can coordinate sample collection in the father's location. It's essential to ensure that the testing facility is accredited and follows legal standards to ensure the results are valid in court if needed.

What happens if I have a baby with a U.S. citizen?

What happens if you have a child with a U.S. citizen?

Having a child with a U.S. citizen can grant the child U.S. citizenship at birth if certain conditions are met. The U.S. citizen parent must have lived in the U.S. for a specified period before the child's birth. If born outside the U.S., you may need to apply for a Consular Report of Birth Abroad to document the child's citizenship.

Can I get PR if my child is born in the USA?

If your child is born in the USA, they automatically acquire U.S. citizenship. As the parent, you may be eligible for certain immigration benefits, but obtaining permanent residency (PR) is not automatic. You would typically need to apply through family-based immigration channels, which may involve sponsorship by your U.S. citizen child once they reach the appropriate age.