Legal Paternity Petition

LEGAL PATERNITY PETITION

Court:    County:    Case No.:

Petitioner Name: ; Petitioner Address:

Respondent Name: ; Respondent Address:

RECITALS

WHEREAS, the minor child at issue was born on / / and is presently known as (the "Child");

WHEREAS, Petitioner asserts that Petitioner is the biological parent of the Child or seeks a judicial determination of parentage as to Respondent, and requests the Court's assistance to establish legal paternity, secure necessary genetic testing, and obtain related orders as authorized by law;

WHEREAS, the establishment of paternity is necessary for determination of custody, visitation, support, entitlement to medical and social benefits, birth certificate amendment, and other ancillary relief affecting the Child's welfare;

NOW, THEREFORE

Petitioner prays for relief and alleges upon personal knowledge and information and belief as follows:

1. JURISDICTION AND VENUE

1.1 This Court has subject matter jurisdiction to determine parentage and enter orders for custody, visitation, support, and genetic testing pursuant to applicable statutes governing family relations and paternity proceedings.

1.2 Venue is proper in this County because the Child resides in this County or was born in this County, and at least one party resides or may be served with process within this jurisdiction.

2. PARTIES

2.1 Petitioner is: and is competent to bring this Petition.

2.2 Respondent is the person alleged to be a biological parent of the Child and is a necessary party to this action for the purpose of establishing paternity and related orders.

3. CHILD INFORMATION

4. FACTUAL ALLEGATIONS

4.1 At all times relevant, Petitioner and Respondent had a relationship such that Respondent had opportunity to be the biological parent of the Child. Petitioner alleges that Respondent engaged in sexual relations with Petitioner during the probable time of conception.

4.2 The identity of the Child's biological parent is presently unknown or disputed, and it is in the best interests of the Child that paternity be adjudicated promptly to secure legal rights, duties, and benefits.

5. REQUEST FOR GENETIC TESTING

5.1 Petitioner requests that the Court order genetic testing, including DNA analysis, of the Child and Respondent, and any other persons the Court determines necessary, to determine biological parentage. Petitioner requests that the testing procedure, chain of custody, laboratory selection, and reporting conform to standards sufficient to be admissible as evidence.

5.2 If testing establishes paternity, Petitioner requests the Court to enter an order declaring Respondent the legal parent of the Child and to enter any related orders regarding support, custody, visitation, birth record amendment, and health insurance coverage.

6. RELIEF REQUESTED

Petitioner respectfully requests that the Court enter judgment and orders as follows:

1. That the Court adjudicate and declare the parentage of the Child consistent with the results of genetic testing;
2. That the Court order genetic testing as described above and require the parties to submit to testing;
3. That, upon a determination of paternity, the Court enter orders for child support, custody, visitation, medical insurance, and contribution toward unreimbursed medical expenses;
4. That the Court order appropriate amendment to the Child's birth certificate, records, and benefits to reflect the Court's determination of parentage;
5. That the Court allocate the costs of genetic testing and other necessary costs consistent with equitable considerations and law;
6. Any further relief the Court deems just and proper to protect the best interests of the Child.

7. SERVICE AND NOTICE

7.1 Petitioner requests that Respondent be served with this Petition and that all notices and orders in this action be provided in accordance with rules governing service of process and notice within this jurisdiction.

8. COSTS, FEES AND EXPERTS

Petitioner requests that the Court award costs, including reasonable attorney's fees and expert expenses for genetic testing, against the party whom the Court determines to be the parent when equitable and statutory factors warrant such allocation.

9. ADDITIONAL FACTUAL INFORMATION

10. VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of this jurisdiction that the foregoing statements are true and correct to the best of my knowledge.

GOVERNING LAW; MISCELLANEOUS

Governing Law: This Petition shall be governed by the laws and statutes of the jurisdiction in which it is filed, and the Court shall retain authority to enforce and modify orders as provided by statute.

Entire Agreement: This Petition, the orders entered herein, and any attachments constitute the complete statement of Petitioner’s requests in this proceeding. There are no unwritten promises or agreements affecting the matters raised.

Severability: If any provision of this Petition is determined to be invalid or unenforceable, such determination shall not affect the remaining provisions, which shall remain in full force and effect.

Amendments and Waiver: Any amendment to the relief sought must be made in writing and filed with the Court. Failure to enforce any provision shall not constitute waiver of future enforcement.

NOTICES

All notices, pleadings, and correspondence regarding this Petition shall be served on Petitioner at the address provided above or upon Petitioner's counsel at the address indicated in counsel's appearance.

COUNTERPARTS

This Petition may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

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