Paternity is the status of a person as the legal father of a child. Though paternity is usually established before or immediately after birth and registered on the newborn’s birth certificate, there are exceptions in which paternity must either be granted or proved. Whether or not the parent is biologically the father of a child, he is the legal father. This means that the paternal parent has all the rights of a father, including custody, time sharing, and influence on how the child is brought up.
In New Mexico, a man is established as the paternal parent of a child if he is married to the mother at the time of childbirth or 300 days after birth, assuming that the biological father is not present in the life of the child at the time of birth. If the father is not married to the mother at the time of childbirth, then he may file for Acknowledgement of Paternity.
Other times, courts establish a man’s paternity. The mother of a child can file a lawsuit against a man who she believes to be the father of her child. If he contests paternity and claims that he is not the biological father of the child, then the court may order DNA testing to find out whether or not he is, in fact, the biological father of the child.
Paternity law is a very serious and delicate matter that is best handled by attorneys who are experts in family law. Roybal-Mack & Cordova, P.C.’s family law attorneys are specially trained and experienced in this field. Whether you are trying to prove paternity of another, contest the paternity of a child, or trying to obtain paternal rights to a child, we will help you find the truth at the bottom of your case to give your child what he or she deserves in a father.