 Determining paternity is a very involved and often difficult step in a person's life. It involves determining the true parentage of a human life.
1. How Can I Establish Paternity?
Establishing paternity means legally determining the father of the child. If the parents are not married to each other when the child is born, the child does not have a legal father unless paternity is established. The easiest way is for both parents to sign a form saying that the child is theirs. If necessary, a court can establish paternity by determining the father's identity. Either way, paternity can be established at any time for a minor child.
2. What if I'm Not Sure who the Father Is?
Either parent can ask for a genetic test to establish who is the father. The test is easy and takes only a few minutes. It usually involves gently wiping the inside of the mouth with a swab or collecting a small amount of blood. Samples must be taken from the mother, the child and the man who is believed to be the father. Test results will be available in four to six weeks.
3. Establishing Paternity Helps your Child
Establishing paternity will give your child the same rights and benefits as children born to married parents. These rights and benefits may include:
- Legal proof of each parent's identity
- Information on family medical history in case of inherited health problems
- The child knowing the identity of both parents
- The father's name on the birth certificate
- Medical or life insurance from either parent (if available)
- Financial support from both parents, including child support, Social Security, veteran benefits and military allowances (if applicable) and inheritance.
4. How Do Parents Benefit from Establishing Paternity?
Establishing paternity gives the father and mother legal rights. You can:
- Seek a court order for child support
- Seek a court order for custody or visitation
- Have a say in some legal decisions about the child.
5. How Long Will it Take to Establish Paternity?
Signing a form saying that you are the parents of the child takes just a few minutes. If genetic testing is required, it could take about four to six weeks after the mother, father and child are tested to get the results. If both parents don't sign the form and a court has to determine who the father is, then it could take three months or longer, depending on the court's schedule or other reasons. Signing the form is the fastest and easiest way to establish paternity.
6. What if I Am a Parent under 18 Years of Age?
Parents who are minors can sign the paternity form. You should get the permission of your parents or legal guardian before signing the form.
7. What if I Don't Work or if I'm in School?
You can establish paternity in the same way as anyone else.
8. What if the Other Parent Lives in another State?
Paternity can be established, but it usually takes longer because the Department of Revenue must work with the other state.
9. What Happens after Paternity Is Established?
After paternity is established, a court may then order child support payments and medical insurance for the child. The amount of child support is based primarily on both parents' incomes using guidelines set by state law. It is important for both parents to cooperate with the Department of Revenue's Child Support Enforcement Program so children in need can be helped as quickly as possible. If a custodial parent doesn't cooperate, the case may be closed.
If you are in need of assistance in initiating paternity proceedings, please do not hesitate to contact us to schedule an appointment. |
