Louisiana Paternity Law
- The easiest way resolve to resolve any paternity case or issue is for the purported father to acknowledge his status as the biological father. The father must make this acknowledgment in writing and include a statement that he understands his right to undergo genetic testing to determine paternity. (Louisiana Code § 9:392)
- In any paternity case, Louisiana courts can order testing of the mother or any purported fathers to determine the relationships among the child and the adults. Courts can use blood or genetic testing to either exclude or identify a father in the case. Unless the test shows 99.9 percent certainty that the man is in fact the child's father, he will not be named such. (Louisiana Code § 9:397.3)
- Louisiana has established a paternity registry to be used in any case where the paternity of a child is contested. Anyone who is a party to a paternity suit or challenge must register his information with the state, including such details as name, work address, Social Security number, and telephone number. Courts use this information only to ensure that paternity obligations are met. (Louisiana Code § 9:40)
- Once paternity is established through either acknowledgment or genetic testing, fathers can seek child-custody rights just like in any other situation. In any custody decision, the Louisiana court gives paramount consideration to what is in the best interest of the child. This means that the court makes custody determinations based on the child's needs and not necessarily parental desires.
- Paternity cases can affects orders of child support as well as custody rights. When determining support, Louisiana courts take into consideration a wide range of financial issues. These include who the custodial parent is, the gross monthly income of the noncustodial parent, any alimony paid to a spouse from a prior marriage, the monthly cost of daycare, and any other relevant financial factors that affect the child's health and well-being, as well as the ability of the paying parent to earn a living.