Acknowledged and Presumed Paternity
The court must establish the biological father of any children involved in a relationship to establish paternity rights. If there is a question as to who the father is, the legal process must proceed in establishing who is responsible for things like visitation rights and child support. Either party (mother or father) can ask to establish paternity, or the court, if it so deems, can also order it on their own.
Normally, a child born into a wedded couple is assumed to be the child of the husband. Both parties can agree to this without any sort of a blood test. But a child born to an unwed couple isn’t as clearly defined. The actual paternal father can at any point file an “affidavit of parentage” to establish his fatherhood. Once a paternal father is established, that man is responsible for child support by law.
An unmarried man could face the presumption of being the father if any of these scenarios below apply:
- If the couple is married legally after the birth of the child and the man agrees that his name can go on the birth certificate.
- If the man attempted (a term defined by the court) to marry the woman and the child was born (or conceived) while the marriage was being attempted.
- If the man proclaimed the child to be his own or the child resided in his home.
Contested Fatherhood
Contesting a presumed paternity status must be handled in a timely fashion. If a father feels the paternity assignment is false, it’s important for him to hire an attorney to address the matter legally. If it’s not filed in a timely manner, the court could require the presumed father to pay child support for a child that is not biologically theirs.
Same-Sex Marriages
Same-sex marriage was made legal in all 50 states in 2015. And with it came many questions as to how paternity would play a role in those unique cases. Many states have laws about presumed paternity, but none of them are clearly defined when it comes to marriages within the same gender.
It usually comes down to the birth certificate. Both parents can be included on the document, but there can be complications during divorce or even death of a spouse. The actual biological parent – whether a part of the marriage or not – also has rights to any children involved. In many states, filing for a stepparent adoption is a way to solidify some of this shaky legal ground.
Paternity Legal Process
As a general rule, any legal paternity case starts with a court filing. These can be called “parentage actions” or “filiation hearings.” It is most common for the father – over the mother – to file this paperwork looking for some sort of custody or visitation rights of the child.
The actual process of determining paternity is done through a DNA blood test ordered by a judge. Once legal fatherhood is established, the normal proceedings for child support within a divorce can begin.
