Legal Petition to Determine Paternity

Legal Petition to Determine Paternity

In the for County, .

Case No.:

Petitioner: (Date of Birth: )

Respondent: (Date of Birth: )

Date of Birth: Place of Birth:

RECITALS

WHEREAS, Petitioner asserts that the child named above is a minor and that there exists a legal question concerning the identity of the child's biological father; and

WHEREAS, Petitioner alleges that Respondent may be the biological father of the child and that a judicial determination of parentage is necessary to establish parental rights, obligations, and the child's legal status; and

WHEREAS, Petitioner seeks an order for genetic testing, establishment of paternity, and all related relief permitted by law to protect the child's welfare and the parties' legal rights.

NOW THEREFORE

Petitioner respectfully petitions the Court to issue an order determining paternity and granting the relief set forth below. In support of this petition, Petitioner alleges as follows:

1. JURISDICTION

The Court has jurisdiction to hear this matter because the child resides within this court's territorial jurisdiction and the matter concerns parental status and child welfare. Venue is proper in this County because .

2. PARTIES

Petitioner is the person initiating this petition and is the of the child. Respondent is alleged to be the possible father and may possess information relevant to parentage.

3. STATEMENT OF FACTS

4. ALLEGATION OF PATERNITY

Petitioner alleges that Respondent is the biological father of the child for the following reasons:

5. GENETIC TESTING

Petitioner requests the Court to order genetic testing of the child and Respondent to determine paternity. If genetic testing is ordered, Petitioner requests that the Court designate a qualified laboratory and that costs be allocated as the Court deems just and equitable.

Petitioner further requests testing of any additional persons identified by the Court as necessary to establish parentage. Petitioner requests the following testing provisions:

Order blood or DNA testing of the child and Respondent
Allocate costs of testing as follows:

6. RELIEF REQUESTED

Petitioner requests that the Court enter an order granting the following relief:

A judicial determination that Respondent is the biological father of the child if testing establishes paternity;
An order establishing child support obligations retroactive to as the Court deems appropriate;
Orders regarding custody, parenting time, and decision-making authority as necessary to serve the child's best interests;
If applicable, an order permitting the child's legal name to be changed to ;
An award of attorney fees and costs to Petitioner as allowed by law;
Any other relief the Court deems just and proper:

7. NOTICE

Petitioner will effectuate service of this Petition upon Respondent in the manner provided by law and will promptly file proof of service with the Court. Petitioner requests that all future notices and pleadings be served at the addresses provided above unless otherwise ordered by the Court.

8. ATTORNEY FEES AND COSTS

Petitioner requests that the Court award reasonable attorney fees and costs incurred in bringing this action if Respondent contests paternity or refuses to submit to genetic testing without good cause, or as otherwise provided by law.

9. GOVERNING LAW

This Petition shall be governed by and construed in accordance with the laws of the State of and the rules of procedure applicable in this jurisdiction.

10. ENTIRE AGREEMENT

This Petition sets forth Petitioner’s claims with respect to the matters addressed herein and does not constitute a waiver of any additional relief to which Petitioner may be entitled under law or equity.

11. SEVERABILITY

If any provision of this Petition is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. AMENDMENTS AND WAIVER

Petitioner reserves the right to amend this Petition as additional information becomes available. No waiver by the Court of any provision shall be effective unless in writing.

13. VERIFICATION

I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct to the best of my knowledge and belief.

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