Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.
In Montana, paternity is the legal recognition of a man as the father of a child. Under Montana law, a man is presumed to be the father of a child if the child is born during his marriage to the mother. This presumption can be challenged and potentially overturned with the use of genetic testing, which can be ordered by the court. Establishing paternity is crucial for determining child support obligations, inheritance rights, and the child's eligibility for certain benefits. The specific rules regarding the presumption of paternity and the process for contesting it are outlined in the Montana Code Annotated (MCA), particularly within the sections pertaining to family law. It is important for individuals involved in paternity disputes or child support cases to consult with an attorney to understand their rights and responsibilities under Montana law.