The issue of paternity involves a court formally establishing the identity of a child’s biological father. This comes with certain rights and obligations and is the first step towards gaining parental rights. While this issue is not always contested, there are situations where it can lead to legal action.
If you are involved in a dispute over a child, an Erlanger paternity lawyer at Busald Funk Zevely may be able to help. From establishing your rights to challenge another person’s petition, our experienced family law attorneys could help you get the best possible outcome in your case.
Why Is This Important?
There are many reasons to hire one of our paternity lawyers in Erlanger. For a prospective father, this process can open up the possibility of custody or visitation. However, it is important to understand that this process does not guarantee these rights, as a judge is ultimately required to act in a child’s best interest when determining paternity questions.
Determining the identity of their biological father is also vital for a child. It can give them a clear picture of their family medical history and make them eligible to inherit in the future. The potential for building a relationship is also important.
Formalizing this parental relationship may also benefit a mother or other guardian. The obligation to pay child support only goes into effect after a person is formally identified as a biological parent.
Ways to Establish Paternity
There are three ways to establish paternity in Erlanger, and our attorneys could assist with each.
Presumption
The most common way is through a presumption under the law. If an infant is born while a couple is married, it is assumed the husband is the father. This is also the case for any child born within ten months following a divorce.
Presumptions can be rebutted. That means even though the courts may initially assume someone is a biological parent, they have the opportunity to provide evidence that is not the case.
Voluntary Acknowledgement
When it comes to parents who are unmarried, the use of a document known as a Voluntary Acknowledgement of Paternity is standard. With this approach, parties acknowledge the identity of the biological father by signing a legal document to that effect. This is often done in the hospital after a baby is born, but it can be done later, too.
This form spells out some of the rights and obligations that come with signing. The father is notified they may be required to child support or provide medical insurance. It also explains that the agreement does not automatically guarantee child support or visitation but provides an opportunity to petition the court for those rights.
Lawsuit
When the parties are unable to agree, litigation is the only option. Either side has the right to petition the court to compel a DNA test. The test results are submitted to the judge, who will issue an order of paternity if there is a genetic match with the child.
Talk to a Paternity Attorney in Erlanger
Confirming the identity of a biological parent can be a major moment in a child’s life. It can also have a tremendous impact on the lives of everyone else involved. If you are facing a dispute or would like to formalize your parental rights, now is the time to speak with an Erlanger paternity lawyer. Call today to get started.