A paternity case legally establishes a child’s biological father. When a child is born to a married couple, the husband is automatically presumed to be the legal father. However, unmarried couples must establish paternity. This process is not just for men questioning paternity, but also for biological fathers seeking to secure their parental rights.
A Fort Mitchell paternity lawyer could help complete all required steps to establish paternity and advocate for your rights as the father. Speak with a family attorney for more information about the father’s rights.
Determining Paternity
Establishing paternity ensures that the biological father has a role in the child’s upbringing and is allowed to participate in critical decision-making. In the Commonwealth, a person can establish paternity in two ways.
Voluntary Acknowledgement of Paternity (VAP)
After the birth of a baby to unmarried parents, the mother is given a VAP at the hospital. Hospital staff are available to answer any general questions about the form. If both parents sign the VAP, the father’s name is added to the birth certificate, and the information is sent to the local health department.
If the parents do not sign a VAP at the hospital, they can still submit one later. In these cases, either parent may file a paternity lawsuit in district court and submit a VAP. Once both parents sign, the court grants paternity to the father. When a man signs a VAP, he acknowledges his responsibilities to provide for the child, including child support and medical insurance.
While signing a VAP does not guarantee the father’s custody or visitation rights, he can seek these rights in court. Parents have 60 days to rescind their signatures on the VAP by submitting a rescinded form to the local health department. The father’s name is removed from the birth certificate if either party signs it.
Going to Court
Paternity cases occur in district court in the county where the parents reside, with a judge deciding the case rather than a jury.
A paternity action may be brought to court by the following people:
- The child
- The mother
- A lawyer
- The alleged father
If both people agree that the alleged father is the biological father, the judge will sign an order establishing legal paternity. If there is a dispute, the judge will require genetic testing. Once the court establishes paternity, custody, visitation rights, and child support are determined.
A Fort Mitchell fatherhood disputes attorney at Busald Funk Zevely could vigorously fight for a father’s rights and work tirelessly to secure a favorable outcome.
The Role of a Paternity Lawyer
Establishing paternity through the court grants the biological father certain rights and responsibilities. Even uncontested cases may require further legal action, so it is essential for a prospective father to work with a paternity attorney in Fort Mitchell to protect his rights. Establishing legal paternity is also crucial for the child’s medical history, inheritance rights, and identity. It can also benefit the mother by formalizing the relationship and the father’s obligations, such as child support.
In complex situations, hiring credible legal representation becomes even more vital. For example, if a couple has been married or divorced within the past ten months, the husband or ex-husband is presumed to be the father. However, the alleged father can challenge the presumption in court and request a DNA test. A paternity lawyer may also assist with rescinding a signed VAP.
Protect Your Parental Rights – Get in Touch With a Fort Mitchell Paternity Attorney
At Busald Funk Zevely, we understand that establishing paternity can be a complex and emotional process. Our highly-experienced attorneys offer personalized legal solutions to guide you through the process and safeguard your parental rights.
If you need help filing for paternity, speak with our skilled team for legal support. A Fort Mitchell paternity lawyer could help you address disputes or secure child support and visitation rights. Contact us today to schedule a no-obligation consultation where we can answer any questions you may have.