Why Does Paternity Matter?
Paternity is more than just identifying the father. Paternity establishes all of the rights and duties of parenthood. It includes child support, custody, parenting time (visitation), and all of the other aspects of parenthood. You will need to learn to work together with the other parent to co-parent the child.
How Do I Establish Paternity?
The simplest way is for both parents to acknowledge paternity at birth and list the father on the child’s birth certificate. Later on, the parents can later sign and file a paternity affidavit to establish paternity. Lastly, a DNA test can be used to establish paternity. The court can order the parties to participate in a DNA test.
There are strict time limits to establish paternity. Failure to meet these deadlines usually results in the permanent loss of your rights.
What Happens Once Paternity Is Established?
It depends on whether you are living with the other parent or not. If you are living with the other parent, things are less complicated. You will not need to establish child support and parenting time is rarely disputed. You might want to formalize custody and parenting time in case things go wrong later.
If you are not together, child support, custody, and parenting time need to be addressed. If you are able to reach an agreement, an attorney can provide advice on if the deal is good for you and prepare the necessary paperwork. If you are unable to agree, the courts will resolve any outstanding issues through a contested process. The Court will seek to determine what is best for the child and make sure the child receives appropriate child support. The judge will use a list of factors to determine who should have custody of the child. Unless one parent is unfit, the noncustodial parent usually receives unsupervised parenting time (visitation) with the child.
What if the One Parent is Unfit?
If the court determines that a parent is unfit, the court may restrict parenting time or even award one parent full custody. Unfitness could include reasons such as drunkenness, domestic violence, criminal activity, or neglect. The Court will usually hold a hearing to determine if a parent is unfit. Courts strongly prefer keeping both parents in the child’s life, so judges try to avoid taking extreme action unless necessary.
What if Things Change or Go Wrong?
You can ask the court to modify a prior order. This frequently happens due to alleged misconduct by either parent, if one parent is asking to have restrictions reduced, or due to relocation or another life change.
If you believe that the other parent is disobeying the court or depriving you of your rights, you can file a request for the court to take action. If the court finds that the other side is disobeying the court’s order, the Court can order the other parent to comply and issue penalties for noncompliance. In certain circumstances, the court may order the other parent to reimburse your attorney fees incurred due to the other party’s conduct.
Zealous Representation for Paternity Issues
If you are fighting to have paternity established, deny paternity, or need to protect or enforce your rights, the right attorney is vital. While Waite Law Office LLC will seek to reach agreements where possible, we are ready to fight when necessary. Your child is worth it. Contact Benjamin Waite today at (765) 252-4600 for your free consultation.