Paternity tests are conducted to establish whether a child is really a man's child or if the man is the person that should be responsible for some of the child's upbringing. It is not a new concept but it has progressed as technology has progressed.

As paternity tests have evolved, they have made it more difficult to commit paternity fraud. Paternity fraud is the charge when a woman falsely claims that a man is the father of her child in order to gain child support or other financial benefits.

Laws which influence paternity tests vary by jurisdiction. Some jurisdictions require a court order or the consent of the mother in order to go through with the test. Other areas have set time frames within which the father can challenge his status as father. This sort of statute has made it somewhat easier to commit paternity fraud.

Paternity tests may be required to prove whether a man has a paternal obligation to a child. There are two main types of tests. The first is an ABO blood type test which is based on the way blood types are passed from generation to generation. The second type is DNA testing. This is based on a comparison of two strands of DNA from two people. Both of these are scientific tests to determine paternity.

DNA Testing

DNA testing, the more recently developed form of paternity testing, generally utilizes one of two possibly tests; restriction fragment length polymorphism (RFLP) or polymerase chain reaction (PCR). These two tests both allow an individual to be determined as another individual's father.

The RFLP test cuts DNA into specific fragments using restriction enzymes. These fragments are then sorted by size using a special gel with an electric charge at one end. The longer fragments are sorted out of the tube because they don't move through the gel as well as the short fragments. The shorter fragments can be compared for similarities in their patterns.

PCR testing uses a DNA polymerase essentially to replicate a portion of DNA many times over. This creates an amplified section of DNA for analysis. Scientists select a limited section which allows them to develop a genetic fingerprint for people.

ABO Blood Type Testing

ABO blood type testing is more useful for disproving paternity than proving it. It works by analyzing the blood types of the parents and the child. It banks on the fact that some blood types, like genes, are dominant and others are recessive.

By: Joseph Devine
If you would like more information concerning options for paternity tests, contact the Denton child support lawyers at http://denton-divorce-lawyers.com/dento ... awyer.aspx

Child Support Guidelines are used to establish or modify a payor's child support obligation. Basically the Guidelines say if income is A and the number of children is B, child support payments will be C. It is important that the attorney you hire understands the ins and outs of these Guidelines. Otherwise, as the payor you may be required to pay more child support than your circumstances warrant or as the payee you may receive less child support than you should.

As the parent receiving support you need to make sure that all of the payor's income is considered, such as wages, interest and dividends, rental income, distributions from retirement plans, interest in an estate, disability payments, worker's compensation, unemployment benefits, net gambling winnings, the value of in-kind benefits, and imputed income.

As the payor parent, you need to ensure that an accurate gross income is used to determine your obligation. If you have sporadic or fluctuating income such as seasonal work, bonuses or commissions, the amount of sporadic income includable as gross income is determined by averaging over the prior three years.

To accurately verify your spouse or ex-spouse's income you should always obtain as many documents as possible, including tax returns, W-2 forms, 1099 forms, paystubs and for the self-employed, statements of business receipts and expenses.

In addition to ensuring that gross income is properly determined, it is important that your attorney understand what expenses are included in the child support calculation under the Guidelines and when it can be argued that the Guidelines should be modified or disregarded.

Expenses that are included in the calculation under the Guidelines are housing, food, clothing, transportation, unreimbursed medical expenses up to $250 per year, entertainment and other miscellaneous expenses. The calculation is based upon the "average family. " The Child Support Guidelines are assumed to be correct unless a parent can show that circumstances exist that make an application of the Guidelines inappropriate. The Court has the discretion to modify the Guidelines to meet the needs of the child or a parent's special circumstances.

If you have expenses beyond those covered by the Guidelines, especially those that are predictable and recurring, an argument can be made to the Court that additional expenses should be included in the child support calculation. Expenses that are routinely added are childcare, health insurance, and predictable and recurring unreimbursed health care expenses that exceed $250 per child per year. It can be argued that other predictable and recurring expenses, such as private elementary or secondary education, special needs for disabled children or gifted children, tutoring and special dietary needs, should also be included.

A competent attorney will also recognize nuances in the Guidelines that may allow you to obtain additional warranted child support. For example, under the category of clothing, footwear is included; however, special footwear such as that required for sports is not included. Accordingly, if your child is routinely involved in a sport that requires expensive footwear you may be entitled to an additional amount of child support to pay for that expense.

In the event your child is 12 years of age or older when the initial child support award is entered, that award and all subsequent awards should be adjusted upward by 14.6%. The Guidelines are only intended to apply to children ages 0 to 17 or those children who are still attending high school. The Court looks to statutes and case law when determining whether continued child support is warranted for children attending college.

In summary, while the Guidelines are assumed to be correct, there are numerous areas where a competent attorney can argue that your unique situation justifies modifying or disregarding them.

By: Nicole Huckerby
Nicole Huckerby is a senior associate in the Princeton based law firm of Pellettieri, Rabstein & Altman. She specializes in Family Law and can be reached at 609 520-0900 or visit http://www.pralaw.com.

How to Reduce Harm to Children and Increase Favor During Proceedings

The following advice is designed to reduce any harm to your children. It will also put you in a more favorable light with the Court and any court appointed psychologists should you be unable to resolve your differences.

You should also keep a parenting journal. You should be aware that this may be discoverable in a custody proceeding.

DON’TS

• Divorcing couples have fights. If you didn’t you might not be divorcing! But don’t drag your children into your fights. Do not bad-mouth you ex-partner in front of the children, no matter how angry they make you. Do not put children in a position where they feel they have to take sides.

• Once you have explained to the children that you are separating do not discuss the divorce or financial matters in front of the children.

• Do not use your children to spy on your ex-partner. Don’t ask them who Mom or Dad is now dating.

• Do not try and turn your children against your ex-partner. It is not only damaging to the children but in the long run will back fire.

• Do not use your children as go-betweens to deliver messages, money, or anything else.

• If you feel sad or angry, do not seek emotional support from your children. Use your family or friends or seek the help of a professional therapist.

• Resist the temptation to be a Disney-land parent lavishing gifts and trips to win their affection. Children need to spend quiet time with you and be interested in all aspects of their life including homework, friends and activities.

“Do’s”

• Continue to reassure the children that both Mom and Dad will always love them, no matter what. Always take the time to listen to your children about their feelings.

• Assure your children that your separation is not their fault.

• Try to maintain the child’s regular routine as much as possible.

• Be punctual on all visitations. If you have to re-schedule be considerate and give as much notice as possible.

• Allow your ex-partner to talk to the children on a regular basis.

• Be cautious about introducing new partners to your children. Only introduce new partners to the children if the relationship is serious and only gradually and in neutral territory rather than the home.

• Take care of yourself. Being a single parent can be overwhelming and you will need time to cope with the change. You will present a better role model to the children if you are positive and healthy.

The dangers of email and telephone messages

Technology can be a wonderful tool to help you communicate with your ex-partner. But there are dangers. Resist the temptation to use emails or messages to vent your feelings of anger or frustration at your ex-partner. Once you tell your ex-partner in an email or a telephone message what a jerk or ##### they are you can be sure that in any litigation these communications will be dragged into court. Follow these rules:

• Be professional and courteous in all emails and messages.

• Never say anything in an email or message that you would not want a Judge to hear.

• Never send an email or message in anger. Always wait a day or two to respond and once you have cooled down.

© 2007 Warren R. Shiell. All rights reserved. The information contained in this website is an "Advertisement." It is for informational purposes only and shall not constitute legal advice. Nothing in this Website shall be deemed to create an Attorney-Client relationship. An Attorney-Client relationship shall only be created when this office agrees to represent a Client and a Client signs a written retainer agreement.

By: Warren R. Shiell
By Warren R. Shiell Esq., Attorney at law, at http://www.la-familylaw.com.

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Grandparents Custody Rights are finally coming to the forefront in the judicial system. More & more cases are being decided on what really is in the best interest of the child rather than on just parental rights alone. There are some hoops to jump through, but custody is being awarded more often to the grandparents.

It’s a sad state of affairs when we have to fight our own children in order to do what is right for their children. But sometimes, it just has to be done to get the child out of a bad situation.

At some point, you will need an attorney, one who specializes in the area of Grandparents Custody Rights. Now here is a caveat: Don’t assume your attorney is one who will do anything to win if they think you are right. In reality, it just doesn’t work that way.

There are a lot of things you need to do. And at $150 to $500 or more per hour, you want to do as much as you can on your own. Even if you have an attorney who is working pro bono, their investigations will be very limited.

Here are 3 Tips to help you in your struggle to gain your Grandparents Custody Rights.

Tip #1: Approach your child directly, in a non-confrontational matter. If the situation is serious enough for you to want to remove them from their home, they know it is bad and what kind of an effect it is having on your grandchild. Talk to them and ask them to give you custody. Explain why it would be in the best interest of the child - without making accusations.

Point out how their life would be better and not as burdensome if the grandchild were with you. It does work sometimes! If you can get them to agree, find an attorney who specializes in Grandparents Custody Rights and get the necessary paperwork completed and signed. You want to do this as soon as possible, before they have a chance to change their mind or let someone else talk them out of it.

Tip #2: Document everything. Keep good and accurate records. List dates, times, places & witnesses if any. What are the grandkids being exposed to? Are they being abused? Are they being neglected? Have they been abandoned? How much time does your grandchild spend with you? Have they lived with you and if so, for how long (try to get the dates)?

Tip #3: Know Your State’s Laws regarding Grandparents Custody Rights and find the Precedents. What recent rulings awarding grandparents child custody rights have been made? Look for the rulings that have been made in favor of the grandparents and what circumstances led to the decision. List them. Most courthouses have a legal library where you can do your research and obtain this information for free.

First ask your child for custody (it is the quickest and cheapest way to win). Make sure you document everything and find legal precedents in your favor. Type & organize your notes and give them to your attorney.

By: Wally Ashbaugh
Did you find these tips on Grandparents Custody Rights useful? You can learn a lot more about Grandparents Rights Here.

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