They say that a mother’s bond with her child is one that can never be paralleled. While many would be hesitant to argue this point, this isn’t to say that the bond between a father and a child can’t also be solid and strong. In fact, in plenty of situations, a child with equally-supportive and nurturing parents might grow up with a stronger connection to his father, as opposed to his mother. It is therefore imperative to recognize the crucial role that a father can play in his child’s upbringing, development, and emotional maturity. Unfortunately, when it comes to legal matters pertaining to children, sometimes men can wind up getting the proverbial short end of the stick. For this reason, the practice of paternity law seems to be growing in demand.
A component of family law, paternity law is the branch of the law that determines the relationship between a man and his child and dictates the rights of the father as applicable. The legal establishment of paternity is necessary in order to protect a man’s rights in matters relating to custody and child support. It is also often the case that a woman will challenge a man’s biological ties to a child in an attempt to retain full custody and parental rights. In such cases, the man in question will need an attorney with paternity law experience in order to ensure that his rights are duly protected.
Each state has its own set of guidelines in place in order to establish paternity between a man and a particular child. While DNA testing is needed in order to establish paternity, some courts are rigid in what scientific evidence they will and will not accept throughout such a process. As an attorney who has been practicing family law for more than 30 years, Rusty Applegate likes to emphasize the fact that when it comes to matters of paternity, a good attorney is necessary in order for a father to truly protect his rights. As scary as the notion might be, it is possible for a man to be denied paternal rights to his child based on a technicality that renders a particular test inadmissible by court. However, an attorney who understands the ins and outs of paternity law can offer guidance and supervision throughout the testing and submission processes to prevent such a thing from happening.
While paternity law has truly evolved thanks to advances in the world of DNA and genetic testing, when it comes to a man’s rights and obligations, the legality of paternity is not always based on simple science. In other words, biology and fatherhood don’t always go hand in hand. In South Carolina, where Applegate practices, legal provisions are made for psychological fathers — men who are determined to have no biological relationship to their children, but who have emotionally and financially served a parental role. While biological parents tend to be given legal preference as far as custody goes, in places such as South Carolina, psychological parents have rights that a good attorney can get the courts to enforce. For this reason, it is important that any man involved in a paternity battle hire a seasoned attorney who understands the intricacies relating to this particular branch of the law.
Whether or not there is a scientific or biological basis for such an accusation, when a man’s paternity is called into a question, the process can truly take an emotional toll on the person involved. While such a situation demands a fair share of legal backup, the person going through it will no doubt find himself in need of emotional support. Therefore, it is important that any attorney who practices paternity law be versed in the art of moral encouragement on top of his legal duties and obligations. Sure, nothing is like that bond between a mother and her child. But even for the strongest of men, nothing is more heartbreaking than the idea of losing a child to a mere technicality of the law.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
