Call Today

(858) 935-6211

Contact Us

X

Call for Free Consultation

(858) 935-6211

Articles

Paternity (5)

Paternity Test

Paternity Test

A paternity test is aimed at identifying who the biological father of a child or children is. Paternity can play a pivotal role in separation or divorce proceedings. For this reason, the results of a test can affect the outcome of a family law case. A paternity test can work to the advantage of either party, depending on the circumstances. It’s important to remember that a biological father has legal responsibilities toward his children. That responsibility can either be applied or rejected on the basis of a paternity test’s outcome. Typically, the following can be affected depending on a test’s results:

Whether the possible father is requesting a test or challenging the results, an attorney can assist in their case. If a man asserts that he is a child’s father, he may be entitled to child visitation and/or custody. If, however, he challenges the results and is found to be the biological parent, he may become responsible for financially supporting that child. An attorney familiar with family law should immediately be contacted if fatherhood will play a role in a legal proceeding. 

Helpful Links

The following links will provide information regarding paternity and its application to family law.

4 Misconceptions Regarding Paternity Tests

4 Misconceptions Regarding Paternity Tests

Requesting a paternity test can put the parties involved in an awkward situation. However, to help establish responsibility and secure the child’s financial future, it is often important to establish a child’s biological father. However, establishing parentage is not free of misconceptions.

A Paternity Test Can Only Be Performed Following The Birth Of The Child

This is perhaps the most popular misconception regarding these tests. Advancements in medicine and DNA technology have allowed couples to request such tests prior to the birth of the child through prenatal paternity tests. The DNA samples of both parents can be collected through buccal swabs (collection of cells within the mouth). The cells will then be compared with DNA obtained through a process called chorionic villi sampling (CVS) which collects cells from the placenta. This process can only be performed during the tenth and thirteenth weeks of the pregnancy. Amniocentesis is another process of obtaining the child’s DNA; however, it is done through collecting amniotic fluid. This process can be done between the fourteenth and twenty-fourth weeks of pregnancy.

Paternity Tests Can Only Be Conducted With Blood Samples

As mentioned before, DNA tests can be done through the collection of cells located within the mouth. If a prenatal paternity test is being performed, then cells collected through amniotic fluid is also an option. However, depending on how far along into the pregnancy the mother is, some testing methods may or may not be an option.

Paternity Test Results Are Made Public

Paternity tests are bound by national law to remain confidential and the results will only be available to the parties involved. At times, the court may order a man to submit to such a test; however, the results will not be made public unless he wishes them to be.

Paternity Home Tests Are Just As Accurate As Those Performed By A Medical Staff

Although take-home paternity tests tend to be less expensive, they are in no way as accurate as those performed in a lab. Contamination or improper handling of the tools used to determine results may affect the outcome. A test administered by a medical professional is the best option for those looking to secure the most accurate results. Also, take-home tests are not recognized by the court; licensed medical personnel must perform the testing for such evidence to be admissible.

Contact Us

Make the process of determining paternity easier by contacting a divorce attorney from San Diego’s Fischer & Van Thiel, LLP, at 858-935-6211.

Paternity Fraud

Paternity Fraud

An untold number of men find out each year that they have been misled to believe that they have fathered their female partners’ children. In many cases, the men spend great amounts of money and time raising these children because they believe that they are their own.

Men that find out they are not the fathers of the children they have been raising may be the victims of paternity fraud. If you recently found out that the child you have been raising is not yours, contact the San Diego paternity lawyers of Fischer & Van Thiel, LLP at 858-935-6211.

Reasons for Fraud

The most substantial reason for paternity fraud is the additional financial support the father can provide. Like all other forms of fraud, paternity fraud may be considered a crime in certain jurisdictions. Additionally, it may be considered a civil injustice. This is important, as men may sue mothers to win back the money that they spent on the children involved.

Accusations of paternity fraud are generally settled with DNA tests. If the test shows that the plaintiff is not the biological father of the children in question, he may be relieved of legal and financial obligations related to the children. It is important to keep in mind that hiring an experienced San Diego paternity lawyer can be important when pursuing legal action.

Contact Us

Paternal fraud is a serious issue that should not go unpunished. If you have been the victim of paternal fraud, contact the experienced San Diego paternity attorneys of Fischer & Van Thiel, LLP at 858-935-6211 to learn more about your legal rights.

Paternity Test Basics

San Diego Divorce Lawyer

Paternity Test Basics – ABO Blood Testing

Paternity testing is a scientific process which can determine if a man is the biological father of a child. Such tests are frequently useful in child custody and child support cases where parentage is important. Whether a man wants to deny paternity or show that he is the biological parent of a child, there are two primary forms of testing used.

The ABO blood test is the simpler of the two main paternity testing methods. It revolves around the fact that a child’s blood type is determined in a fixed manner, and that there only four main blood types: A, B, AB, and O. These blood types are determined by the combination of two alleles, one from each parent. Each allele can be either A, B, or O. The A and B alleles are co-dominant, while the O allele is recessive. This means that a child with an A blood type would have either two A alleles or an A allele and an O allele, while an AB child could only possibly have one A allele and one B allele, and a O-type child could only have two O alleles.

Some combinations are impossible. Two O-type parents, for example, could not possibly give birth to a child with an AB blood type. Therefore, ABO blood testing could be used to rule out the possibility of paternity. That is, if a mother with O-type blood accuses another O-type man of being the father of her child, a test which revealed that the child had a AB blood type would contradict the accusation.

For more information on paternity tests, contact a San Diego divorce lawyer from Fischer & Van Thiel at 858-935-6211 today.

Paternity Testing Dna Options

Paternity Testing: DNA Options

It used to be that the only ways to test the paternity on a child was through blood. Now, however, we have the ability to determine the paternity of a child through the use of DNA. This can be a minimally invasive procedure that requires nothing more than a cheek swab.

There have been a number of DNA tests put into practice by forensic labs and paternity testing sites everywhere. Recently, there have been advances that have sped up the entire process while also increasing the accuracy of the testing being done.

One of the most recent advancements, implemented during the early 1990s, allows for a strand of DNA to be expanded and replicated which gives scientists a better chance of accurately identifying who the father is. The DNA is acceptable through this method even when it is a very small sample that has been damaged being used.

Another DNA option is for use only through males. It allows for analysis of the Y chromosome. By analyzing the Y chromosome (which boys get only from their fathers), researchers are able to determine if two people are related through their father. So while it doesn’t guarantee a match, if a boy and his reported father share Y chromosome features, there’s a very good chance that the reported father is the father.

Mitochondrial DNA does the same but works to identify the mother. The mother passes on mitochondrial DNA to all of her children so by analyzing mitochondrial DNA, it is possible to determine if people are related through the maternal side.

Contact a San Diego Adoption Lawyer

If you were adopted through a closed adoption and would like to learn more about DNA testing to determine who your birth parents are, contact the San Diego adoption lawyers of Fischer & Van Thiel at 858-935-6211.

FAQs by Category:

Articles by Category:

Blogs by Category:

  • Testimonials

    • photo

      I was very happy with Mr. Fischer and his team! They helped me in a time of crisis and made sure the outcome was in my favor. Thank you s ...More

      Thomas Zachary
    • photo

      Thank you Mr. Fischer!!! I would and have recommended this Michael Fischer to friends. I had a very difficult divorce/child custody. He a ...More

      Elizabeth Mila
    • photo

      I was dealt with a man for over 2 years who was only concerned with breaking me and reducinghis support payments fo rhis children, Mr. Fi ...More

      David Sebastian
    • photo

      My wife and I started our divorce over two years ago, and I was at a stand still with my wife and my attorney at the time had no plan. I ...More

      Gabriel Dylan
    • photo

      I wanted to take a moment and thank Mike Fischer my divorce attorney for all that he did for me. He made a very difficult time much easie ...More

      Kaylee Victoria
    • photo

      Going through my custody battle was very emotionally trying. I was lucky to have choosen Fischer & Van Thiel to help me protect the m ...More

      Mithila Parker