Parenting plans define the responsibilities and decision-making authority of each parent. This includes determining who has the final say on important matters relating to the child’s education, religious upbringing, non-emergency medical decisions, and extracurricular activities, and how collaboration should occur for the child’s benefit.
Table of Contents
What is Paternity?
- Importance of Establishing Paternity
- How is Paternity Established?
What Legal Support is Available for Paternity Issues?
- Importance of Legal Representation from FBA Law in Paternity Cases
What is Paternity?
Paternity refers to the legal establishment of the identity of a child’s father. It involves determining the legal father of a child, which is particularly significant when the father’s identity is uncertain, often in the case of unmarried parents. Paternity law deals with the rights and obligations of both the father and the child to each other and others. Paternity and Legitimation matters can encompass issues such as parenting plans, child support, child custody,inheritance, and surname. Most states refer to paternity as the legal establishment of the identity of the father of a child, sometimes using terms like “biological father” or “natural” father of the child.
Importance of Establishing Paternity
Establishing paternity is crucial for several reasons. It provides the child of unmarried parents with certain legal rights and benefits that are afforded to children whose parents are married. In cases where a married couple has a child, there is a legal presumption that the husband is the father. However, when an unmarried woman has a child, there is no such presumption, necessitating further action to establish paternity. The establishment of paternity ensures financial support is available to the child from both parents. It can also provide the child with inheritance rights, the right to know medical histories from both sides of the family, and the ability to receive social security, workers’ compensation, or other dependent-based governmental assistance in case of the father’s death or harm. For the mother, it means shared financial responsibilities and formal agreements or court determinations as to expenses for the minor child.
How is Paternity Established?
Paternity can be established in a variety of ways. Voluntary acknowledgment of paternity occurs when both the mother and the putative (potential) father agree on the father’s paternity. They can establish this through an Affidavit of Paternity. The affidavit allows for the birth certificate to include the father’s name. While this acknowledgment establishes the biological father, it does not automatically confer other legal rights such as custody or parenting time. For these rights, the father must initiate a separate action in court, thereby legitimating the minor child.
The role of parenting plans in child custody arrangements?
Paternity can be established in a variety of ways. Voluntary acknowledgment of paternity occurs when both the mother and the putative (potential) father agree on the father’s paternity. They can establish this through an Affidavit of Paternity. The affidavit allows for the birth certificate to include the father’s name. While this acknowledgment establishes the biological father, it does not automatically confer other legal rights such as custody or parenting time. For these rights, the father must initiate a separate action in court, thereby legitimating the minor child.
Paternity tests scientifically determine the biological relationship between a father and a child. These tests are highly accurate, with results ranging from 90 to 99 percent certainty. They can definitively exclude non-biological fathers and confirm biological ones. DNA testing can be done through blood tests or cheek swabs and is crucial in legal contexts like establishing child custody and support.
Paternity can also be legally established through court proceedings, which can be either voluntary or involuntary. In voluntary cases, the putative father and mother agree to determine paternity, possibly through DNA testing. In contrast, involuntary cases often involve the mother or the state initiating a paternity action. These legal processes are crucial when determining child support obligations and other legal aspects associated with fatherhood. If the father is deceased, paternity actions must be brought while he is alive or has been acknowledged by him before death, such as through a paternity registry or birth certificate naming.
What Legal Support is Available for Paternity Issues?
Family law attorneys specializing in paternity and legitimation matters handle various roles, including representing clients in legal proceedings, negotiating settlements over child support and custody, and providing advice and counsel. They evaluate evidence like DNA tests and medical records to establish paternity and maintain important legal documentation. These attorneys play a crucial role in negotiating child support and custody arrangements, ensuring the child’s needs and best interests are met.
Importance of Legal Representation from FBA Law in Paternity Cases
Legal guidance from a paternity attorney like FBA Law is essential to protect rights and responsibilities in paternity cases. We assist in establishing paternity, understanding step-parent adoption, navigating parental rights and responsibilities, and addressing child custody and visitation disputes. FBA Law also plays a vital role in child support matters, ensuring obligations are fair and enforced. With our expertise in family law, we advocate for clients’ interests, guiding them through legal paternity processes to achieve favorable outcomes. Seeking the assistance of skilled attorneys like those at Family Matters Law Group is crucial for anyone involved in paternity-related issues. Reach out to us today for assistance with paternity cases.
