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- Paternity Issues - |
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Out-of-wedlock births are reaching epidemic levels with nearly one out of every two children born to unmarried parents.Most states require that paternity be established by a "preponderance of the evidence," meaning that paternity (or lack of paternity) is "more likely than not." We call this the 50.01% test, meaning that if evidence is even slightly greater than 50-50, it constitutes a "preponderance of evidence." Some states insist on a higher standard, known as the "clear and convincing evidence" test. This test is more stringent (harder to overcome) than the "preponderance" test, but not as strict as the "beyond a reasonable doubt" test, the standard in a criminal case. Whatever the burden of proof on a person asserting or denying paternity, recent developments in DNA testing may make these distinctions irrelevant. With proper testing, most cases are decided on scientific evidence that is almost 100% accurate. The following materials explain the mechanics of DNA testing. They are not meant as legal advice; laws vary from state-to-state. However, every state has a mechanism to establish or deny paternity. Check with local counsel.
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