In Montana, if a father's name is on a birth certificate, does that prove paternity in a custody proceeding?

Question

In the state of Montana, if a father is listed as such on his child's birth certificate, but he is not married to the mother, does he have to file an acknowledgment of paternity in court or does the birth certificate serve the same purpose? The child has the father's last name and spends part of every week with him...

Answer 1

I think it does not prove anything. Only that the collector of the data put down what ever the mother said.

Answer 2

Paternity has already been established.

If they weren’t married then his name would not be listed on the birth certificate unless he signed an acknowledgement of paternity (or paternity was established through the court via a dna test, which I assume isn’t the case).

Once an acknowledgement of paternity is signed, the parents (either mom or dad) have 60 days to withdraw it…after that it’s irrebuttable, unless he can prove fraud, duress, or mistake of fact, which is very difficult to do. It's much harder to do than it sounds, and even if a dna test shows he’s not the father, the court may still determine him to be legal father because he voluntarily acknowledged paternity and failed to withdraw that acknowledgment within the proper time frame (60 days).

Answer 3

I would suggest that you Google or yahoo the family law
search engine for this question, also my thought is only if you need DNA proof of paternity and the court orders a test to
validate what is written on the birth certificate.

Answer 4

confident. If a girl can request a toddler help by DNA Conformation, a father must be enticed to the ability to have a DNA try. I usually be conscious the daddy and youngster's facial good factors. Too make certain in the event that they're biologically bonded. the people who lie approximately it are evil in accordance to the bible, the people who ask too many questions have a loss of believe. If the international might desire to basically be truthful and not lie. it will be a regulation that a paternity try is needed in spite of the determine desires. it might forestall paternity fraud and a large style of alternative issues.

Answer 5

he can contest the birth certificate if he feels there is reason to believe he is not the father. it is always assumed he is the father unless he proves otherwise. acknowledgement of paternity is for the issue of child custody and visitation. if he feels he is the father, then he can simply check the box stating he is the father in the paperwork.

Answer 6

He needs to prove paternity through a test that she will have to pay for if its not his.

Answer 7

It becomes an assumed paternity, but could be challenged.

Answer 8

get a lawyer