Forms to File for a Paternity Lawsuit

by Robin Elizabeth Margolis

A paternity lawsuit is a legal proceeding that asks a court to determine whether a man is the biological father of a child. Paternity lawsuits are usually filed by a man seeking to prove or disprove his paternity of a child or by a woman attempting to legally establish that a man is the biological father of her child. Sometimes a child's court-appointed guardian or a social services agency will file a paternity lawsuit. The forms to file for a paternity lawsuit vary by state, but there are some similarities.

History

Before the late 20th century, determining the biological father of a child was reliant on the mother's testimony, a man's admission of paternity or findings by court investigations. In the late 20th century, scientific tests were devised in which cell samples taken from a mother and a possible biological father could be matched against cell samples taken from the child. Such DNA testing can determine with 99 percent accuracy if a man is a child's biological father. Courts frequently order DNA tests as part of a paternity lawsuit.

State Court Forms

Paternity lawsuits are based on complex state family laws that vary from one state to the next. Each state has assigned paternity lawsuits to specific courts. The forms necessary to file a paternity lawsuit are usually located among the child custody legal forms stored on many state court websites.

Paternity Suit Forms

Forms needed to file a paternity lawsuit differ depending on the state that issued them. The primary legal form necessary to start a contested paternity lawsuit is typically called a "Complaint for Determination of Paternity" or a "Petition for Paternity." Some states offer a petition form that can be used by either a child's mother or a child's biological father. Other states may require a potential biological father to file a petition form that is somewhat different from that required of a child's mother. In situations where the biological father has already admitted his paternity and he and the child's mother want to legally establish his parentage, a child's parents can file the proper form, typically called an "Uncontested Complaint to Establish Paternity."

Information on Forms

Some states' paternity petitions may consist of two pages of mostly check boxes, identifying who is filing the lawsuit and that person's goals, such as obtaining child support. Other states' paternity petitions are much longer documents and may include questions about any DNA tests done, the existence of a biological father's affidavit or declaration admitting paternity, and a discussion of why a particular man is believed to be a child's father. The person filing the paternity lawsuit petition may be required to attach copies of relevant documents, such as a child's birth certificate, to the paternity petition.

Additional Forms

In addition to a paternity petition, the person filing the lawsuit may be asked to file other documents, including a motion for interim custody, a proposed custody and visitation plan, and a motion to require the possible biological father to undergo DNA testing if he has not already been tested.