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Father to Pay Child Support for Only One Twin

A case which occurs in only “1 out of every 13,000 cases” for paternity made headlines in early May when a mother of twins went to court seeking child support from the man she believed was the father of her two twin daughters. Throughout the course of the proceedings, the mother admitted that she had slept with another man during the time in which the twins were conceived.

This threw a wrench in the case proceedings. With the unlikely chance that the twins both had separate fathers, the man who was taken to court (identified in the news as “A.S.”) took a paternity test. As it turns out, “A.S.” was the father of one of the girls. He was not the father of the other twin. As a result, it was determined that “A.S.” would only pay the $28 weekly child support for his biological twin daughter and not pay child support for the other.

How Does This Happen?

This head-scratcher is the result of two eggs from the mother being fertilized by two different fathers. The twins in this case were fraternal twins, and in this situation it is possible for one man to fertilize one of the eggs and another man’s sperm to fertilize the other.

Determining Paternity: Your Options

There are many instances in which a man may presume or agree to paternity without testing. These include:

  • The Acknowledged Father: In this situation, the “acknowledged father” is the presumed biological father of a child born to unwed parents. Acknowledged fathers are responsible for paying child support. Paternity is established either through:
  1. A father’s admission
  2. The agreement of both parents
  • The Presumed Father: If the above is true, a man is then presumed to be the father unless otherwise proven by he or the mother of the child in court. A presumed father may be a man who was married to the mother when the child was born, a man who attempted to marry the mother, a man who married the mother after the birth, or a man who welcomed the child into his home and considered the child as his own
  • The Equitable Parent: This applies to the spouse who is not the legal parent of a child but who has been granted custody or visitation. This is typically applied when a spouse and child have a close parent-and-child relationship or when the biological parent has encouraged the relationship
  • The Alleged Father: An alleged father is required to pay child support if:
  1. He acknowledges he is the father
  2. The court determines he is the father

Fathers also have the right to seek visitation and custody.

Child support issues often continue after that “day in court” which is exactly where the attorneys of Fischer & Van Thiel, LLP step in. Our attorneys are able to streamline the process and ensure that a parent is able to pay the fair amount necessary to ensure that your child is provided for while protecting parents’ rights to visitation and custody.

If you are involved in a child support or family law issue in San Diego, we are at your service. You are invited to call us today at (858) 935-6211 to discuss your case with one of our family law attorneys.

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