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Paternity vs APR

When two individuals have a child or children together, it can be great. However, occasionally for one reason or another, couples may decide to end their relationship. Ordinarily, this might be difficult on its own merits, but when children are involved, it can add a whole new universe of issues that have to be handled. When it gets to this point, one of the individuals may seek an allocation of parental responsibilities or “APR” through the courts. To further add complexity to these cases, occasionally there will be uncertainty as to the identity of the father, or an interjection from another man (or men) claiming to be the true biological father. This brings us to the topic of this article, paternity vs apr and the differences.

Paternity Actions

Most people have heard of paternity actions, or have at least some notion as to what a paternity action might entail. For many people, the term “paternity” might bring about visions of Maury Povich and the phrase, “You ARE/AREN’T the father!” While this is a simplistic caricature of paternity actions, it gives us a starting point. The purpose of a paternity action is that it provides a basis upon which a court (and possible fathers) may make a determination as to the identity of a child’s father.  

When a paternity action is commenced, all presumptive fathers and all alleged fathers must be provided notice. As the case progresses, the court will consider various pieces of evidence and testimony to determine the identity of the father. If there are two or more presumptive fathers, the court will weigh which presumption is founded upon weightier considerations of policy and/or logic. Alternatively, genetic testing may also assist the court in making a determination.

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Paternity vs APR

There are a few distinct characteristics found within a paternity action not otherwise existent in an APR action. For example, in a paternity action, a mother may be able to recover costs associated with medical procedures incurred as a result of labor/birthing. In an APR action, such costs aren’t necessarily recoverable. Furthermore, in a paternity action, a mother may be able to seek retroactive child support from a man determined to be the father of the child. In contrast, child support in an APR case may only be awarded as to the date upon which the petition was filed. Therefore, there can be significant financial exposure to possible fathers, especially if a paternity action is not commenced shortly after a child’s birth.

APR Cases

Allocation of parental responsibilities case is different than a paternity case. In a paternity case, there is some question as to the identity of the father. In an APR case, there is not a question as to the identity of the father. Rather, in these cases, two people acknowledged being parents of a child seek intervention from the court in determining parental responsibilities. In these cases, the court will be looking to consider the best interests of the child(ren) and will allocate parenting time and decision-making accordingly. Inevitably, as a result of the allocation of parenting time, the court will also likely enter a child support order, requiring one parent to pay the other. As noted above, the difference in an APR case is that the court only has jurisdiction to compel back child support as to the date of filing the petition.

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Final Thoughts

If there is a question as to the identity of the father, or if you maybe are concerned that a child may not be your own, a paternity action may be appropriate. If you have questions regarding Paternity vs APR, or any questions about family law, take the time to consult with a lawyer.

Modern Family Law

Modern Family Law’s team of experienced family law attorneys takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. Our attorneys currently practice in Colorado, California, and Texas. Click the following link to view all of our family law locations. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

Posted June 14, 2017
by: MFL Team

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