Children born during the course of a marriage are presumed to be the children of the married individuals. Paternity disputes often arises when children are born to unmarried individuals or in some instances there is a question about the children’s paternity that arises while individuals are married. When such questions arise, the Family Court in your state is tasked with establishing paternity, and does so by ordering the alleged parent to submit to genetic testing.
Due to the presumption that children born during a marriage are presumed to be the biological children of those individuals, it is important to carefully consider whether or not there is a chance that you are not the biological parent of the child in question. Unchallenged allegations during a divorce proceeding that indicate children were born during the course of the marriage can result in a finding that the children are legally yours, and such findings cannot be later challenged. Once paternity is established, the parents can be held responsible for child support for their children.
It is important to consult with an experienced South Carolina family law attorney if you have questions or concerns about paternity and to do so before paternity is established.