As a way to obtain the most Father’s Day cards as possible, Elon Musk fathered three children to two different mothers in the span of two months.
Tesla President Elon Musk as well as singer Grimes have welcomed their second child in the month of December 2021. The couple recently Musk has admitted that he is twins’ father in November 2021 along with an executive from his Neuralink business.
It is a good thing that there’s no doubt about the paternity of Elon and his twins’ mother, since the mother of twins requested an order to alter their names before an Texas court. The petition requests to change their last names “Musk.”
There are also instances when a person contests paternity. A court is required to find out who the father is for the baby.
What is the reason why paternity testing is important?
When the court has established paternity, the father becomes legally accountable to the child. Thus, the child is legally entitled to get child support and other legal rights up to 18 or attain the maximum age for the state they reside in.
In this way that, when a biological father refuses paternity, several mothers will take the father before a judge to seek child maintenance.
Alongside financial assistance The child also has the right to receive support from his father:
- Medical background
- Other insurance, such as health insurance coverage
- A portion of their father’s estate isn’t mentioned in the will
- Social Security benefits will be paid if the father dies or is diagnosed with an illness
- Veterans’ benefits
- Wrongful death benefits
- The name of their father appears on the birth certificate
Another reason to prove parentage can be where the mother is uncertain about the father’s identity and the man is trying to prove that he’s in fact the parent of his child. This can happen in disputes over child custody in which the father is seeking to claim his rights as a parent.
What is the best way to establish paternity?
The biological father is able to prove paternity through voluntarily acknowledging the birth certificate.
If the person isn’t the father of the child and wants to help the child, they can declare on his own behalf paternity. This can also be referred to as the “acknowledgment of paternity.” By signing this contract, the father acknowledges the paternity of the child, and becomes legally accountable to the child’s care, including the child’s support. If he decides later that not to be the parent of the child the child could still be responsible for payments of child support.
Parents who are not married and want to establish that they are legitimate parents can make a declaration on their own of paternity. Couples who are not married may make use of it if one person is the father in biological custody of the child while one wants to record as the father.
Presumption of paternity
If a couple have been married prior to the date the child’s birth or conception it is presumed of paternity. Therefore, even if parents break up, certain states assume that any child born within the first 300 days (or 10 months) after the end of their marriage will be their child biologically.
The presumption can be challenged when someone else claims paternity, or if the man who divorced contests paternity. The court may request to conduct a DNA test to establish whether the assumption is true.
If there’s an issue with paternity or if a man does not acknowledge that the fact that he fathered his child or child, the judge can call for a paternity examination. The test uses an DNA sample, such as cheek swabs or blood to prove paternity, or exclude the man as being the father of the child.
The test compares genetic DNA of the suspected father and child. The tests for paternity are 99percent accurate.
The incident occurred when Apple maker Steve Jobs denied fathering a child in high school with his love. The former lover of Steve Jobs received an order from the court to conduct genetic tests that confirmed the parentage of his son.
What is Paternity Fraud?
The act of signing the birth certificate, knowing it isn’t his parent of the child commits paternity fraud.
In addition, if the mother doesn’t know what the father’s name is, or lie to the man regarding having the father the father, she’s committing paternity fraud. While proving fraud in paternity is challenging in the courtroom.
If the person is signing the voluntary statement based on an untruth and the declaration of voluntary consent is null and void. But, if a man thinks that he’s the biological father of a child, and continues to provide support for the child for a specified period duration, a judge might require him to keep child support in place regardless of whether he’s the father of the child.
Do I have the right to take a paternity Test without the father’s knowledge?
Surprisingly, yes. Private DNA testing businesses will guide you through the process you can obtain a DNA test to check to ensure “peace in your mind.” But, the genetic test results can’t be admitted before a judge. The mother of the child must request the court for paternity tests.
Making an Paternity Action
If the father does not undergo a paternity test the court may order the father to take one. If he does not comply with the order and refuses to submit, he will be in violation of the law.
If you require assistance in finding out paternity, or if you are facing the possibility of a false paternity claim Contact an attorney in the field of family law now.