PATERNITY

What is Paternity?

In a general legal sense, paternity means proving who is the father of a child.  When a child’s mother is married when the child was conceived and/or born, there is a presumption that the mother's husband is the child’s father.  When the mother of the child is not married, the paternity of the child must be determined.

Why is Paternity Important?

Paternity in an unmarried parent case is important because, after it is proven, the father has the right to ask the court to determine his rights to custody and parenting time of the child.  Paternity must also be established before the mother of the child can be awarded support from the child's father.

Can paternity be established without a blood test?

In some cases, the mother and father of a child born to an unwed mother, may, in a writing, state and acknowledge under oath that they are the biological parents of the child and wish to be recognized as the biological parents. This is called a Recognition of Parentage.  A Recognition of Parentage creates a presumption that the parties who execute it are the child’s parents. 
Signing the Recognition of Parentage does not give the father any legal rights or custody to the child.  It is merely one starting point for a father to ask for legal rights with respect to the child.  However, it is recommended that before signing such a form, both parents should contact an attorney for an explanation of the impact and consequences of signing the document.

The court can order blood tests in its discretion or at the request of a party.

Custody
Who has custody when paternity is not established?
The biological mother of a child born to a mother who was not married to the child's father when the child was born and was not married to the child's father when the child was conceived has sole physical and sole legal custody of the child until paternity has been established in certain cases, or until custody is determined in a separate proceeding.
 
Child Support
Once paternity is established by the court, child support is handled according to the same rules that apply in dissolution proceedings.

Parenting Time (visitation)
Once paternity is established by the court, parenting time can be awarded based on the best interests of the child standard.

Termination of Parental Rights