Paternity Law and Men’s Divorce

Few issues produce more stress and carry more emotional baggage for all parties involved than divorce and child custody. In this series, we’ll take a look at some of the issues that affect paternity law and men’s divorce cases in New Mexico. The job of courts, judges, and attorneys is to utilize a fair, just, and rational approach to issues that often make people irrational. Unfortunately, human institutions are fraught with human biases. One such bias you’ll likely hear about a lot while researching divorce and child custody in New Mexico is a bias against men, be they husbands, ex-husbands, or fathers.

Father holding his newborn. Let's talk about paternity law and men's divorce in New Mexico.

Are judges and courts biased against men and fathers?

The short answer: yes, some of them are. Many people say that such biases are a thing of the past – that a court will hear any person’s perspective fairly, regardless if they’re a man or woman. However, in practice, this is unfortunately not the case. There will always be people who abuse the system and stack the deck against men and fathers. It’s by no means the norm, but yes, it happens all the time. So, how can you protect yourself and your family’s interests through divorce? Well, the first step is to get an experienced and skilled family law attorney on your side.

Establishing Paternity in Paternity Law Cases

The first step in a paternity law case or men’s divorce child custody case is establishing paternity. For decades, American courts used blood type testing as a tool to attempt to establish paternity. However, this method was imprecise, and at its best only had an exclusion rate of around 30%. That means that 70% of the population could still potentially be the child’s father. Fortunately, with the sequencing of the human genome and advancements in genetic science, DNA testing has replaced these outdated methods. With a proper sample, this type of test – known as polymerase chain reaction (PCR) – has an exclusion rate of over 99.99%.

Check back soon for Paternity Law & Men’s Divorce – Resolving Family Disputes With Integrity and Civility, Part 2. In the meantime, check out our page on paternity law.