Questions & Answers
What Is Paternity?
"Paternity" in its essence is the state of being a father or the origin or descent of a child and father. In many instances now, both men and women are seeking what is called "Paternity establishment" for a number of reasons. Paternity Establishment is the process of identifying and legally deciding who is the father of a child.
Merriam-Webster defines paternity as:
Main Entry: pa-ter-ni-ty
Pronunciation: p&-'t&r-n&-tE
Function: noun
Date: 1582
1 : the quality or state of being a father
2 : origin or descent from a father
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 wall as eligibility for benefits such as social security. Paternity can be established by both a mother and father whether they are married or not by simply having the father's name added to the baby's birth record.
When an individual files what's 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 to establish visitation, custody, and child support. It is also possible to request the court change the child(ren)'s last name to that of the birth father.
Establishing Paternity
In the case of an unmarried couple, the paternity presumption does not exist. 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 of these facts, 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 father is the biological father of the child. DNA testing and other methods are commonly used to establish the biological father.
Why Should I Establish Paternity?
Every child has a right to a mother and father, whether or not the mother and father are legally married. When your name is added to your child's birth record, your child has special rights. These include child support, health insurance, tribal enrollment rights and inheritance rights. It may make your child eligible for social security benefits if you die or become disabled. It ensures that the child knows the family health history (for things like diabetes and sickle cell).
When your name is added to the child's birth record, the child can be certain of who both parents are. By adding your name you will be telling your child that you are his or her father, that he or she is important to you, and that you love your child.
When you are established as the legal father of a child, your parental rights must be considered before your baby can be placed for adoption.
How Do I Legally Establsh Paternity?
Paternity can legally be established any time after the birth of your child.
There are four ways paternity can be established.
1. 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 brith of the child. This will establish full legal paternity. Your name is added to the birth certificate and subsequent records. By doing this, it allows a court to order child support if necessary.
This form, by itself, does not create a child support order. This form does not give a father custody or placement (visitation) rights. If you want genetic testing, you should not sign the form before the tests are done.
You and the child's mother can sign the form and have it notarized at the hospital when your baby is born. All hospitals have this form.
The form is also available from any local county or tribal child support agency. Local child support agencies and Social Services can help you. Look in your local phone book under government or city agencies for help.
The Paternity Acknowledgment form is also available from your local register's of deeds office or the state Vital Records Office.
2. You and the 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 your child (custody) and time spent visiting your child. The courts must approve this agreement. A local child support agency can explain how this can be done without having to go to a court hearing. At this time you may also ask the child support agency to have genetic tests done before you sign this agreement.
3. 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 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 a Legitimation form. You can get this form at your child support agency and from the state Vital Records Office. "Legitimation" 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.
What Should I Do?
You should not sign any Paternity Acknowledgment form. If no legal procedings have been established, you can contact the local county or tribal child support agency and ask about getting genetic testing done.
If a legal procedings have been established, you should appear at the hearing at the scheduled time.
In order for the court to decide who the father is, the child support agency or the court will order genetic tests. If the tests show that you are not the father, your case will be dismissed. If the tests show a 99% or greater probability of paternity, you will be presumed under the law to be the father.
Do I Need A Lawyer?
The court or child support attorney may bring a court action to establish paternity but cannot represent you. If you are named as a possible father in a suit or you receive a summons from a Distrct Attorney's Office, you most likely want legal representation. If you are under 18 and named as a possible father, an attorney will be appointed for you unless you have your own attorney. If you are 18 or over, you may hire a lawyer.
DNA/Genetic Tests...?
There are many placs to get testing done, many of those are listed here for your help. There are two different types of genetic tests. One is done with blood samples. The other is called a "buccal swab", or "swab" test. Most places offer the swab test instead of a blood test. For this test, q-tips are rubbed inside the mouth to obtain cell samples. In both types of testing, samples are taken from you, the mother and the baby. The results from these tests will determine the probability of a specific man being the father. The court uses these results to rule on paternity when the father or mother are not sure or do not agree who is the father. By law, a man is presumed to be the father when the test results show at least a 99% or greater probability that he is the father. You have the right to object to the test results in court.
Who Pays For DNA/Genetic Tests?
The child support agency pays for the tests until paternity is established. If the tests show you are the father, you or the mother may be ordered to contribute to the costs of the tests. If the test show you are not the father, you will not be charged for the tests.
Do I Have To Pay Child Support?
Yes. If you are found to be the father, you will be expected to financially support your child.
If I Am Not Sure I Am The Father, What Should I Do?
You should not sign any Paternity Acknowledgment form. If no legal procedings have been established, you can contact the local county or tribal child support agency and ask about getting genetic testing done.
If a legal procedings have been established, you should appear at the hearing at the scheduled time.
In order for the court to decide who the father is, the child support agency or the court will order genetic tests. If the tests show that you are not the father, your case will be dismissed. If the tests show a 99% or greater probability of paternity, you will be presumed under the law to be the father.
If I Think I Am The Father, What Should I Do?
No matter what your plans are regarding financial assistance and support between you and the mother, it is important to legally establish paternity. If the mother does not agree, you can go to court to establish paternity. Your child support agency may be able to help you with this. By doing this you can ensure that your rights and your child's rights are protected. Fathers can build a positive relationship with their children even if they are not married to or in a relationship with the mother. There may be classes and support groups in your area for dads.
There are a tremendous amount of resources available for men who want to be good fathers to their children. This website is dedicated to helping men find the resources they need to provide happy, healthy relationships with their children. Every child needs a father, and your child is the most important child of all.
Could I Go To Jail?
Being named as a child's father is not grounds for going to jail. If you deliberately refuse to pay court-ordered child support, you could be charged with contempt or criminal non-support.
Can I Get Custody Of The Child?
Under most state's laws, when a child's parents are not married, the mother has sole custody until the court orders otherwise. You do not need to have legal custody to visit your child. If you and the mother do not agree on visitation, you may ask the court for an agreement. Such an agreement is called Physical Placement.
Both parents would have to prepare a "Parenting Plan," and then the court would decide what is best for the child. Custody and placement issues can be discussed with your family court counseling service.
What If I Am Underage?
If you are in school and cannot help support your baby, the court may or may not decide to wait to set support until you graduate and are working. The court will balance your need for an education with the needs of your child. If you are under 18, the court may order your parents to help with the support.
The court tries to be fair when setting child support payments so that everyone has enough money to live. The court may take your ability to pay into consideration when setting the support. The court may order you to look for work if you are unemployed and able to work. The court may send you to the Children First Program which can help you find a job.
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