Paternity
by
Cynthia S. Cho on Jun. 17, 2015
Divorce & Family Law Divorce & Family Law Child Custody Divorce & Family Law Child Support
Summary: Paternity establishes rights of the child, rights and obligations of the father
Paternity
For a child's sake, it is important to establish Paternity.
Doing so will insure the child certain rights such as child support and health
coverage as well as eligibility for benefits such as Social Security. Paternity
can be established by both a mother and father whether they are married or not,
simply by having the father's name added to the baby's birth record.
When an individual files what is called an
Establishment of Paternity Petition, they are asking the court to legally
establish the birth father of the child(ren). In such a petition, the person
may also be seeking rights to establish visitation, custody, and child support.
Establishing Paternity
If a child's parents are not married when the child is born, there is no
presumption that a certain individual is the father. As a result, no child
support is due from the father if he leaves the family. However, it is possible
for the other parent to take legal action to prove the individual is the biological
father of the child. DNA testing and other methods are commonly used to
establish the biological father.
There are four ways paternity can be established.
- If you are certain that you are the father, the best way to
establish paternity is for you and the mother to sign a Paternity
Acknowledgment form shortly after the birth of the child. This will
establish full legal paternity. Your name is added to the birth
certificate and subsequent records. By doing this, it also allows a court
to order child support, when necessary. You are further able to assert your rights to custody and visitation of the child.
However,
this form, by itself, does not create a child support. Neither does this
form give a father custody or visitation rights. If you want genetic testing to confirm your rights and obligations for this child,
you should not sign the form before the tests are done.
- The father and mother can also legally agree (stipulate) the establishment of paternity and to formal arrangements for making child support payments. The stipulation may also include arrangements of decisions regarding custody and visitation rights. The courts must approve this agreement.
- If you are named as the possible father and you do not agree, the
court will need to rule on this matter and a court hearing will be
scheduled. You will be notified to appear at this hearing. The role of the
court is to legally establish paternity for every child, not to punish
you. At the hearing, your rights and responsibilities will be explained to
you. You may also request genetic tests to determine if you are the
father.
If you do
not appear at the scheduled time and place, the court can still enter a
paternity ruling, without you present, and name you as the father.
4.
If you and the mother get married after your
child is born, you and the mother can sign an acknowledgment of paternity form. You can get
this form from any child support agency and from the state Vital Records
Office. Forms completing acknowledgment of paternity gives you and your child the same rights as if
you had been married before the child was born. This form should be signed by
both parents, notarized and mailed to the state Vital Records Office.