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Module 3: Important Information for Non-Custodial Parents

How do I know if I'm the legal father?

non-custodial parent speaking with a caseworker

Children born to a married woman are presumed to be the legal children of her husband. But, if the woman isn't married, or has a relationship with another man outside of her marriage, then the paternity (legal fatherhood) of the child will need to be established.

Genetic Testing

If you're not sure you're the biological father, or if you and the mother aren't married, then either you or the child's mother can work with your local child support office to obtain an administrative order for genetic testing or file a paternity petition with Family Court.

If a paternity petition has been filed, on request of either party, the court may require the mother, the child, and you, the alleged father, to submit to DNA tests. The test results will determine the probability that you're the biological father. The court can then establish paternity if both parties accept the test results. If not, the court will hold a trial to determine if you are the father.