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paternity case in the State of Texas is a lawsuit to determine the natural and legal father of a minor child and to confer the rights and duties of a parent. The determination of paternity is of paramount importance, since the court can not issue an order against the father unless the paternity of the father is established.
There are several different ways to establish whether an alleged father is the natural and legal father of the minor child. The most common and most accurate form of evidence is blood testing. There are two types of blood tests commonly used in the State of Florida. The first is the HLA test or Human Leukocyte Antigen blood test. Under Florida law, if an HLA test determines that the statistical probability of paternity is 95% or greater, there is a rebuttable presumption that the father is the biological father. The second test is a form of DNA testing. In this type of blood testing the genetic code of the child is compared with the genetic code of the mother and father. Since the child inherits one-half of his genetic material from each of his parents a comparison can be made to determine whether the alleged father is the biological father. The costs associated with either form of blood testing is about the same. Sometimes the issue of who should pay for the blood test is raised. Normally, the petitioning mother pays the initial cost of the blood tests, however, in the event that the alleged father is determined to be the biological parent, the Court has the ability to order the father to reimburse the costs of the blood tests to the mother. In other instances the parties agree to share the costs of the initial blood tests. If the alleged father is determined to be the biological father he would then reimburse the mother for her share of the costs. If the alleged father is determined not to be the biological father, then the mother would reimburse his share of the costs. It may be helpful to discuss with an attorney various issues in a paternity case including your questions concerning blood tests, child support, parental rights, custody and visitation. The results of the blood tests can be contested and in certain circumstances a second blood test may be obtained. Blood types can not be used to determine who the father is. Only DNA testing can make that determination. However, blood types can be used to determine the biological possibility of fatherhood
-- John H. Carney & Associates, Attorneys and Counselors |
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