What is a putative father?

A putative father is a legal term in South Dakota that describes the biological father of a child born out of wedlock. It is important to note that the putative father has not established paternity through legal means, but is believed to be the biological father due to genetic evidence or other circumstantial evidence. Under South Dakota law, the putative father must file a petition with the court to establish paternity. Until the petition is granted, the putative father is not legally recognized as the father of the child. The court may, however, grant the putative father certain parental rights, such as the right to visit with the child or the right to participate in decisions related to the child’s health or education. In order to establish paternity, the putative father must provide evidence of the child’s parentage, such as a DNA test. In some cases, the court will also consider evidence that the putative father has acted as the child’s parent, such as providing financial support or establishing a significant emotional bond with the child. Once the court has determined that the putative father is in fact the biological parent, the father then gains all the legal rights and responsibilities that come with parenthood. This includes the responsibility to provide financial support for the child as well as the right to make important decisions about the child’s welfare.

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