Filing Mistaken Paternity Actions

Most states have laws in place that allow men to file mistaken paternity petitions. However, there are instances when these petitions will automatically be dismissed by a judge. Depending on what state you file your petition in, you could be rejected for the following reasons. If a man is the adoptive father of a child, he cannot file a mistaken paternity petition. When the father gave his consent to an assisted reproduction, that consent protects the mother from having the father revoke his paternal rights. The same goes for the intended father of a gestational agreement.

For fathers that do not want to fight the paternity but instead child support obligations, there are a few instances that allow you to do so. For example, if the child becomes emancipated, the child passes away, the child gets married or the child enlists in military service you can petition a court to have child support stopped. If you have questions related to a paternity or child support matter, speak with a family lawyer in your state as soon as possible to get answers.