If you are a child’s father, you are going to have certain responsibilities in South Carolina. Therefore, if evidence can show that you are not the father, many men will jump at the chance to clear their paternity. However, how can a father prove he isn’t the father if he has already claimed to be the father? How can he prove his South Carolina paternity? Ashburn v. Rogers is a case that explores this question.
The Facts of the Matter
Ashburn and Rogers were in a relationship. Rogers gave birth to a child a few months after the relationship ended. The child was biracial and Ashburn was the only Caucasian with whom Rogers had been intimate. Ashburn could not attend the birth and not visit the child until the Marine Corps required him to. Ashburn later admitted to being the father and forewent a genetic test. After several years, Ashburn visited the child and obtained a genetic sample from the child. The test showed that Ashburn was not the father. Rogers stated that something could have happened with a Caucasian male friend at a party. The family court found no fraud in the original agreement and did not relieve Ashburn from his responsibilities as father. Ashburn then appealed.
The court of appeals found for Ashburn. The court found that the original order establishing paternity should not apply because it was unfair. It found that there was no benefit to child for Ashburn to remain the father aside from any financial benefit. There was no relationship between Ashburn and the child. Also, Ashburn and Rogers are not a couple. Thus, the court has no interest in reconciliation between them. Therefore, the preponderance of the evidence showed that the court should grant Ashburn relief from paternity.
Challenging South Carolina Paternity
It is an uphill battel in SC to challenge paternity. Courts do not like to allow men to say they are a father and then retract it later. Thus, you should get a lawyer if you need to challenge South Carolina paternity. Contact us today if you have any divorce law needs!