How Do Paternity Tests Work in NY?

Paternity testing is a scientific process used to determine the biological relationship between a child and the potential father, but how does it work?

Paternity Test Basics

At its core, the technique relies on the principles of inheritance, as genetic information is passed down from parents to their offspring. Today, advances in technology and the availability of DNA sequencing have revolutionized paternity testing, allowing for swift and accurate results.

Laboratories use Polymerase Chain Reaction (PCR) to isolate and amplify specific DNA sequences of interest, including those obtained from the child and the potential father. DNA sequencing and statistical analysis are employed to compare the samples and identify any genetic overlap.

However, the process is not without its challenges and limitations, including potential issues with sample quality, quantity, and accuracy. Nonetheless, once the results are produced, they can provide invaluable insights into family relationships and play an important role in legal and personal decision-making.

Navigating the complex web of divorce proceedings is challenging enough, but when the question of a child's paternity comes into play, it adds another layer of complexity. This is where paternity tests come into the picture, serving as an essential tool in divorce cases.

The Role of Paternity Tests in Divorce

Paternity tests are most commonly used in divorce cases to establish the biological parentage of a child and verify parental rights. The court may order genetic testing of the named father or, if necessary, the father's relatives to determine biological paternity.

In most states, the court establishes paternity in divorce cases when a child is born during the divorcing couple's marriage. However, there might be instances where the paternity of a child is challenged. For example, if a man suspects he is not the child’s biological father, he can request a DNA test for paternity during the divorce.

Impact of Paternity Test Results

The results of a paternity test can have significant implications on a divorce case, especially regarding issues like child custody and visitation rights. If a paternity test proves that a man is not the father of a child, his rights to custody and visitation could be at risk. Conversely, if the test confirms a man as the biological father, he may be granted rights to custody or visitation and may also be held responsible for child support.

DNA tests are almost exclusively used for establishing paternity and are admissible as evidence in court if the probability of paternity is between zero and 95%. If the probability is 95% or more, the court generally accepts the man as the biological father.

Why You Need an Attorney

Navigating the legal labyrinth of divorce and paternity can be overwhelming. An experienced attorney can guide you through the process, ensuring that your rights are protected. They can also assist you in understanding the implications of the test results, such as potential changes in custody rights or child support obligations.

Paternity tests play a crucial role in divorce cases involving disputes over child custody and support. Having an experienced attorney by your side can make this complex process more manageable and ensure that your rights and interests are adequately represented.

Arnel Law Firm has the experience you need to navigate paternity, divorce, and life after divorce. Contact our team today.