Though there are multiple forms within a packet that must be completed as well as additional procedures followed, proving paternity in the New Mexico Court system is not that difficult, especially for an experienced lawyer that offers the best legal solutions of New Mexico.
Each year, thousands of couples utilize a court sanctioned process to prove the paternity or lack thereof of a potential father. It should be mentioned that in New Mexico, a man is legally considered to be the father of a child that is born to his wife during the marriage or 300 days after unless it is disputed and proven to not be so. Below, you will find more in depth information with regards to proving paternity as well as what you can expect after paternity is proven.
How To Prove Paternity
If the parents of a child are not married, then paternity will have to be established legally before the father is recognized by the law as the father. Listed below, are the three ways that paternity can be established in the State of New Mexico.
1.Acknowledgment of Paternity: This form must be filled with the Vital Statistics Bureau as soon as the child is born. The mother has a right to deny the claim which may lead to going to court to prove paternity.
2.Court Decision: If the paternity of a child is disputed by the mother and/or father, it will more than likely end up in court. The court will order a DNA test and will recognize the results as accurate and final.
3.New Mexico Child Support Enforcement Division: If the mother of the child receives Medicaid benefits and/or TANF the CSED can order a man that denies paternity to take a DNA test.
While it is best to immediately establish paternity if unmarried, paternity of a child can be established and proven up until that child turns 21. For mothers attempting to prove paternity as well as receive back child support, connecting with an experienced attorney practicing family law in New Mexico will offer you the support and experience necessary to yield more favorable results.
What Happens After Paternity Is Proven?
After paternity is established, the father’s parental rights are then eligible to be legally recognized. These rights include timesharing, custody, decision making power about the child’s upbringing, etc. Some of the responsibilities that may have to be established include child support payments, health insurance responsibilities as well as a custodial agreement. All of these conditions can be met outside of the court system, but in many cases these issues are taken before a judge.
When To Involve a Lawyer
If you are a potential father and unsure of the paternity of a child or you are a mother that intends to prove paternity, it is recommended that you connect with a family lawyer in Albuquerque that is knowledgeable and experienced within the scope of paternity. An attorney can help to locate parents, provide data and facts regarding child support, custody battles and establishing visitation rights. While there is a clear path to establishing paternity, what happens afterwards is often when the experience of a family law attorney is most needed. Ensure that you take advantage of the free consultations that most lawyers provide. This will help you to decide whether or not you need legal representation as well as learn more about your options.
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