Montana Paternity Provisions

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US-APP1F
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Description

This document is a list of clauses used in paternity matters. The clauses include establishing a trust for housing for the child, DNA testing to establish paternity, security of children, support of the mother on a voluntary basis, and a clause to prohibit the mother from contacting the father.

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FAQ

An Affidavit of Admission of Paternity is a document wherein the person signing the affidavit acknowledges that he is the father of an illegitimate child. An illegitimate child is a child whose parents are not legally married to each other.

Once the Acknowledgment of Paternity is signed by both parents, the name of the father is placed on the child's birth certificate.

The Children's Law Act then allows the court to make a declaration of parentage, or a declaration that a person is not the mother or father of the child at law. The Children's Law Act, 1997 provides that a declaratory order made in another Canadian province or territory shall be recognized in Saskatchewan.

Montana law outlines the circumstances in which paternity is presumed, for example, when the child's mother is married and the husband is presumed to be the father. Genetic testing may also serve as the basis for a presumption of paternity. Paternity may be acknowledged after a child is born.

There are two ways to establish paternity. Paternity can be established through a voluntary process, by signing an Acknowledgment of Paternity (AOP), or through a judicial process which means going to court. baby leaves the hospital. This is true until the child turns 21 years old.

Form 34A: Affidavit of Parentage. Full legal name & address for service ? street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any). Lawyer's name & address ? street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

That I am the biological father of the minor/ child ____________________________ who was born on _____________________in ______________________________; That at the time of the birth of said minor/ child, I was not legally married to his/ her biological mother; That I hereby acknowledge my paternity/ filiation of the ...

Establishing paternity means either a judge signs a court order stating who the legal father is; genetic testing establishes a 99 percent probability of paternity; or the father and mother voluntarily sign a paternity affidavit naming the father of the child.

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Montana Paternity Provisions