Paternity Lawyers Sydney
CHATSWOOD PATERNITY LAWYER
You Need a Chatswood Paternity Lawyer That Will Fight for You
If a couple is not married at the time the mother gives birth to a child and support or time with the child becomes an issue, or any time there is a question as to whom the biological father of a child is, a paternity action may be necessary. A paternity action can:
- Establish the child’s biological father;
- Establish the child’s legal father (if different from the biological father);
- Establish parental rights where none existed before; or
- Establish a child support obligation.
Whether you are a mother seeking to establish paternity or you are alleged to be the father of a child, the skilled family law team from Chatswood Family Lawyers are here to assist you in achieving your objectives.
HOW IS PATERNITY ESTABLISHED IN AUSTRALIA?
Only a child’s mother, a man who believes he is the biological father of a child, or the child himself- or herself can file an application asking a court to determine paternity. When a court determines paternity, it establishes who the legal father of the child is. The legal father has parental rights and responsibilities, including the right to parenting time, the right to make an application for time with the child, and the responsibility to support his child. The legal father may or may not be the same man as the child’s biological father.
A MAN IS A CHILD’S LEGAL FATHER IF:
- The man was married to the child’s mother when the child was born or when the child was conceived;
- The man married the child’s mother after the child’s birth and is listed with his written permission as the child’s father on the child’s birth certificate;
- A court order which establishes that the man is the child’s legal father;
- The man has signed a statutory declaration under the Oaths Act of an Australian state acknowledging that he is the child’s father;
- The man agreed to adopt the child or made an arrangement for the child to be born as a result of an artificial conception procedure or surrogacy arrangement;
- The man is named as the child’s parent in a register of births or parentage information kept under Australian law.
ONLINE ENQUIRY
HOW PATERNITY TESTING WORKS
Paternity testing plays a large role in family law, particularly when there is uncertainty or a dispute regarding a child’s biological parentage. In cases where parentage is questioned, a DNA test can provide definitive proof, influencing decisions on child support, parental responsibility, and legal rights. These tests must be conducted in an accredited laboratory to ensure their validity in legal proceedings.
In some situations, the Family Court may order a paternity test, particularly if one party disputes parentage and there is reasonable doubt. The court has the authority to request testing even if one party does not voluntarily agree, though an individual cannot be physically forced to take the test. However, refusing to comply with a court order may lead to legal consequences, and the court may make decisions based on the available evidence.
Paternity tests require DNA samples from the child and the alleged father, which are collected in a controlled environment to maintain accuracy and security. Once completed, the results are used to establish legal parentage, which can impact matters such as birth certificate amendments, custody arrangements, and child support obligations.
Getting in touch with us prior to a paternity test can ensure you know your rights and responsibilities.
CHILD SUPPORT
If child support payments were made before paternity was legally established, it may be possible to seek reimbursement for these payments made in error. However, specific conditions and limitations apply in these cases, and the process can be complex.
Conversely, if a DNA test confirms paternity and child support was not previously paid, the father may be required to make back payments to cover any missed financial support. The amount and timeframe for repayment depend on various factors, including legal rulings and the child’s financial needs.
It is highly recommended that you seek legal guidance for tailored advice regarding your child support obligations or rights following a paternity determination.
DO I NEED A LAWYER TO ESTABLISH (OR DISPROVE) PATERNITY?
The law does not require that you engage a lawyer to file an application to determine paternity; however, having experienced legal representation may be in your best interest if:
- You believe you are the biological father, but the child’s mother does not agree;
- You believe you are not the biological father or legal father of the child, but the child’s mother disagrees;
- You have evidence that you are the child’s biological father, but some other man also claims to be the child’s father; or
- You think you might be the child’s father and want to have a definitive ruling on the matter.
Additionally, a determination of paternity can permanently affect your legal rights and responsibilities. As one of the leading family law firm practices in Sydney, our lawyers can analyse your situation, help you understand the potential legal ramifications of a paternity determination, and guide you every step of the way in these complex family law matters.
CONSULT WITH OUR PATERNITY LAWYER TODAY
If a child’s mother accuses you of being the father of a child when, in fact, you are not, our family law specialists can help you defend against such an accusation and protect your legal interests.
To schedule a consultation, contact our Sydney family lawyers online, by email at enquiries@chatswoodfamilylawyers.com.au or by phone at (02) 9412 4500 for help with your paternity action.