What are the rights of a father in a paternity case?

In South Dakota, a father has the right to be part of a paternity case and challenge a mother’s decision if he believes he is the father of a child. Legal paternity is typically established through DNA testing. Upon confirmation, a father will have the same rights and responsibilities as the mother. A father’s rights may include legal decision-making and parenting time with the child. Legal decision-making grants the father the right to make decisions about the child’s education, health care, and religious upbringing. Parenting time grants the father the right to spend time with the child and is set by a parenting plan. In South Dakota, statutes also provide that a father has the right to be informed of and present at any hearing concerning the child. This includes proceedings for adoption, termination of parental rights, or medical procedures. The father may also have the right to provide child support. If the father is unable to establish legal paternity, he still has the right to request the court to order genetic testing. Finally, fathers also have the right to guardianship, meaning the father can have legal responsibilities regarding the child’s care and upbringing if a court determines it is in the child’s best interest. This may be granted if the child is not in the care of either parent or if the father can demonstrate he is the best person to provide care.

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