Paternity

Establishing paternity is important, especially in the midst of a custody case. The first method of deciphering paternity is voluntary, where the parents agree on who is the father of the child. The second way to determine the legal father is through a court action; after which, a judge will allocate parental rights and responsibilities between the parents.

Generally, any of the following parties can initiate a court process to determine paternity:

• The child
• The child’s mother
• The man who believes he’s the father – known as the “putative father”
• A county department of social services
• A legal representative for another individual who may be deceased, incapacitated, or a minor

Generally speaking, a case can be initiated by a parent after the child is born and up until their 18th birthday.

If the child is the one bringing the case forward, generally they must be an adult before they may file.

There can be benefits for all parties, in one way or another, depending on the case.

Potential child benefit: If the father is a veteran or eligible for disability benefits, the child may be eligible to receive benefits as the father’s dependent.

Potential mother benefit: If the mother is single and struggling financially, establishing paternity may help with receiving child support.

Potential father benefit: If the father is not on good terms with the mother, establishing paternity can help with a court order, dictating the child’s visitation schedule. Additionally, once the father establishes paternity, he may have the ability to request custody or joint custody – providing the opportunity to be involved in decision-making within the child’s life.