Family law: When the paternity of a child is in question

On behalf of Peterson Stark Scott posted in Family Law on August 15, 2019.

There are many reasons why it may be necessary to ascertain who a child’s biological father is. Paternity falls under British Columbia family law rules. Knowing who a child’s father is may be important for situations concerning child support or child custody and doing what is in the best interests of the child. It should be known, however, that even if a man is found not to be a child’s biological father, he may be held responsible for providing financially for a child, depending upon the circumstances.

There are criteria in British Columbia for presuming that a man is a child’s biological father. These include if the man was married to the child’s mother on the day the child was born. It could also be that he was living with the child’s mother in a romantic relationship when the child was born or within 300 days before the birth of the child; he was married to the child’s mother and, within 300 days before the birth of the child, the marriage ended by his death or by divorce.

It can also be that the man actually acknowledges that he is the father and signs an agreement stating such. He could have married the child’s mother after the birth. She may state that he is the father and he agrees he is the father and his name is on the child’s birth certificate.

A lawyer experienced in British Columbia family law can assist a client when it comes to paternity issues. There are legal issues that surround paternity — issues like child custody and child support and they can be emotionally fraught and confusing. A lawyer can help answer any questions a client may have — whether the client is the mother or alleged father. A lawyer may also be able to enforce as well as seek variances to child support, access or custody agreements that have been court-ordered.

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