Establishing Paternity Information
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Following are some frequently asked questions and answers regarding the
establishment of paternity in Jefferson County Pennsylvania:
- How is paternity established?
- Paternity should be established as soon as possible after birth but before
the child's 18th birthday.
The alleged father is encouraged to submit
to genetic testing. This testing occurs as soon as possible after the
scheduled conference. The buccal swab is the method of DNA testing used. This
consists of collecting saliva from the inside of the cheek with a
Q-tip.
At the conference level, the alleged father can sign either a
Notice of Right to Trial or a Stipulation, which states that if the results
from the testing are 99% or higher he agrees that he is the biological father
of the child/ren. If the results are less than 99%, he would be excluded from
parentage.
- How does genetic testing work?
- All individuals inherit traits from their parents. Two genes control most
of these characteristics. Each gene is located on one of a pair of
chromosomes. A child inherits one gene from the mother and the other from the
father. These inherited characteristics are known as genetic
markers.
Tests of genetic material of the mother, child and alleged
father can determine the presence or absence of common genetic markers. They
also can exclude an alleged father from paternity. Otherwise, the test can
predict with great accuracy the likelihood that he is the biological father of
the child.
- Who pays for genetic tests?
- When the results from the genetic testing indicate that paternity is
established, the defendant/father is ordered to pay the costs. The current
costs for testing is $62.00 per person. If the alleged father is excluded, he
is not assessed any costs.
- What are the benefits?
- Legally estabished paternity allows children and mothers to gain access to
valuable financial benefits. Some are immediate while others may occur later
in the child's lifetime.
- Social security: The child may be eligible for benefits if the father
becomes disabled or dies. Benefits usually continue until the child is
eighteen.
- Military benefits: The father may draw an extra allowance to provide a
household for his dependents. The child is also eligible for commissary and
post exchange privileges. If the father incurs a service related disability,
the child is eligible for educational benefits.
- Health care: A fathers employer-provided health care plan may be
available to the child.
- Workers Compensation: Non-marital children are eligible for dependent's
benefits under worker's compensation laws.
- Child Support: Establishment and enforcement of a child support order
depends on paternity adjudication. Support payment amounts will likely grow
as the father's future earnings increase.
- Inheritance: A child gains the right to share in the property of an
estate.
- Medical History: Important medical and genetic information can lead to a
happier and healthier life.
- Life Insurance: When paternity is established, the child may be eligible
for any life insurance benefits.
Other benefits - The child
gains most of the legal rights and privileges of a child born within marriage.
More importantly, every child has the right to know both parents.
- What is my obligation as a welfare recipient?
- The Department of Public Welfare (DPW) requires a recipient, as a
condition for eligibility for public assistance, to cooperate with the
Domestic Relations Office. This includes the establishment of paternity.
However, DPW may find "good cause" not to establish paternity.
- How do I go about establishing paternity?
- Visit the Domestic Relations Office in the county where you live. Staff
will interview you and prepare legal papers requesting child support from the
father. At that time you must name the man you believe to be the father of
your child. The interviewer will schedule a hearing before a Conference
Officer and the alleged father can acknowledge paternity or request genetic
testing.
If genetic testing is requested at the conference, the officer
will schedule testing in which all parties must appear. Results take
approximately 3 - 4 weeks and will be sent to you through the mail from the
Jefferson County District Attorneys Office. If the alleged father is found to
be the father, a support conference will be scheduled and you will receive a
"Notice to Appear". If the alleged father is excluded, the plaintiff will be
given an opportunity to dispute the exclusion. If no response is received
within the allocated time period the case is dismissed.
If the alleged
father resides outside the county, the interviewer will assist you in deciding
whether the case can be heard here or forwarded to the court where the alleged
father lives. Most states have paternity establishment procedures similar to
those described above. That court will collect the alleged father's genetic
sample, hold a hearing and enter an order. If the alleged father denies
paternity and requests a trial, that court may require your attendance.
- Can a husband deny paternity?
- The same is true for a husband who denies paternity of his wife's child.
If a husband wants to deny paternity, he should tell the conference officer
who would then consider the issue.
- Can a married woman file against someone other than her husband?
- Generally, the law considers a child conceived or born during a marriage
to be the legitimate child of the mother's husband. But situations exist where
the general rule does not apply. As above, staff will interview you. However,
you will be asked additional questions about the status of your marriage.
- Can a man seek paternity of a child?
- A man may not be prohibited from initiating an action to establish
paternity by filing a petition to the Court. However, if the child's mother is
married to another man, the putative father may need the court's permission to
seek genetic testing. He should probably seek the advice of an attorney.
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