Usually when a mother wants a court to determine
paternity so she can collect
child support, the court will order a DNA test. However, even if the DNA testing says
NO, the courts can say YES! In some cases, if the man has developed a
close relationship with the child signifying him as the child's "Dad",
the court can refuse to order DNA testing or refuse to consider the evidence
of a DNA test. In these cases, the courts can decide that it is in the
best interest of the child to determine that the man involved is the child'slegal father, despite DNA test results.
The legal principle at work here is known as "equitable estoppel"
which essentially means it would be unfair to the child to raise that
child who has known one man to be his father for a significant period
in his life, and then substitute a different father.
Further, if the "Dad" (who treated the child as his own)
had been married to the child's mother, the courts will treat this as
an additional factor to find it in the best interests of the child to
refuse to allow or recognize DNA testing that would identify a different
father. This additional factor is called "presumption of legitimacy".
For those who are uncertain of their biological paternity, they must consider
what their long term goals are with regard to their relationship with
the child. They can put any doubts aside and initiate a parental relationship
with the child (which is to opt for the parental relationship) or insist
on DNA testing
before beginning a parental relationship. Either way protects the best interest
of the child, which is the courts primary concern.
How Is It Possible That a Man Is Responsible as a Child's Father Even When Their DNA Is Not a Match?
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