Fathers may have a more difficult time enforcing their parental rights when a child is born out of wedlock. When a child is born to married parents, the law automatically recognizes the husband as the biological father.
If the child’s parents are unmarried, a father will need to take additional steps to secure their legal parental rights, which is where a skilled family attorney could assist. Speak with a Florence paternity lawyer if you are dealing with a legal proceeding or dispute regarding a child’s parentage.
The Benefits of Establishing Paternity
Every parent has certain legal rights to spend time with their child and help make decisions regarding their future. However, a father can have a difficult time enforcing these rights in situations where the parents were unmarried at the time of a child’s birth.
When a child is born to unmarried parents, the law recognizes the mother as the sole custodial parent. In these situations, a father will need to take further action to secure their parental rights.
Establishing paternity can help eliminate future legal disputes regarding a father’s parental rights and obligations. A Florence attorney can explain the benefits of establishing paternity, which include:
- Provides stability for the child and eliminates uncertainty
- Allows a father to secure custody and visitation rights
- Allows the non-custodial parent to pursue child support
- Can provide a child with better insight into their family’s medical history
- Eliminates uncertainty if the child’s mother passes away
- Allows the child to secure certain benefits or inheritance from the father.
If a child is born to unmarried parents who eventually get married, establishing paternity can also eliminate any confusion regarding the biological father’s parental rights and legal obligations in the event of divorce or separation.
Fathers Can Voluntarily Acknowledge Paternity
A Florence paternity lawyer can advise an unmarried parent about the different ways to establish paternity. First, the parents can sign a voluntary acknowledgment of paternity (VAP).
The VAP is a document in which both parents agree they are the child’s biological parents. For fathers, the form also commits them to their parental responsibilities for the child’s well-being, such as paying child support or contributing to their medical care.
However, it is important to note that the VAP does not automatically entitle a father to custody or visitation rights. If either parent disputes these rights, the VAP allows the father to pursue a court order to enforce these rights.
Parents can sign a VAP when the child is born at the hospital, or later at a local health department or child support office. By signing the VAP at the time of birth, parents can add the father’s name to the birth certificate.
A parent who has signed a VAP also has 60 days to rescind the document in the event they have second thoughts about the decision.
When Paternity is Disputed
If either parent disputes paternity, the process of establishing paternity will most likely play out in a courtroom. Either parent has the right to file an action to obtain an order of paternity.
The person seeking the paternity order must file the action in the district court where at least one of the parties resides. The parties can still choose to acknowledge paternity at this point, allowing a judge to issue an order of paternity.
If either parent still disputes paternity, they can request the court to order genetic testing to establish the child’s parentage. Parents can seek genetic testing at any time, regardless of the child’s age.
The process requires a DNA sample from each parent and the child. Upon receiving the results of the genetic testing, the court can issue a paternity order if the father is a genetic match. A Florence paternity lawyer can help clients understand their legal obligations regarding genetic testing.
Contact a Florence Paternity Attorney About Your Case
Disputes regarding a child’s parentage can lead to emotional distress for families. Our legal team has decades of experience dealing with family law cases.
If you have questions about establishing paternity or are involved in a dispute regarding a child’s parentage, please speak with a Florence paternity lawyer right away. Contact us for a free case evaluation.
