Depending on the circumstances, a paternity test could establish the
father’s rights and/or the
mother’s rights, as well as the rights of the child. There are several ways to establish
paternity. One is that a married couple has a child; both biological parents
are immediately considered the legal parents. If a couple marries after
having a child, then paternity is established retroactively. When parents
are unmarried, fatherhood is not presumed. This means the father could
lose vital rights and responsibilities, such as visitation and providing
care. The child can lose out on such things as his or her rightful inheritance.
Maybe a mother is struggling with substance abuse and is a danger to the
child. Perhaps a father is denied visitation rights and the responsibility
of caring for a child. These are all reasons for a father to take a paternity
test and protect his rights as well as those of his child. If a father
is failing to provide
child support, or if someone is claiming that he is the father, a paternity test could
protect children in this manner as well.
Unmarried couples can sign an affidavit of parentage, or the matter can
be brought before a court through a paternity lawsuit. The affidavit of
parentage is something that is often signed at the hospital after the
birth of a child. Both parents willingly choose to affirm that they are
the parents by signing this sworn statement in front of witnesses. If
the father signs, then he is affirming that he is both the biological
and legal father. His name will be put on the birth certificate. The mother
will have
custody, but a legal father can ask for a modified custody order in court. This
also means that he might have to make child support payments. As for the
child, he or she will have full inheritance rights and can obtain a full
medical history through both family lines.
This affidavit does not have to be signed immediately. It can be done after
a DNA test. If there are any reservations, it is best to wait until you
are ready. The affidavit can be signed later at a Vital Records or Child
Support office.
Apart from an affidavit, paternity can be established in a trial. Either
parent can bring a paternity action to court, or Child Support Services
may want to enforce support from both parents. In trial, a judge determines
whether or not a man is the legal and biological father, and can order
genetic tests to do so. If the paternity test results in a 97 percent
probability of the man being the father, then the judge establishes paternity.
If you need legal advice about you and your child’s rights or whether
or not you need a paternity test, do not wait to contact Hopper Law Firm,
PLLC. A Raleigh divorce lawyer can help safeguard your family’s rights
through skilled and passionate representation.
Call us today!