Some parents do not realize just how important it is to establish paternity for their child. Having the right paperwork filled out can offer benefits to both parents and the child, but if you are unsure of anything you can talk to a lawyer before moving forward. The Mountainside family law attorneys from our firm are more than equipped to help you.
How is Paternity Established?
Paternity can be established in a few ways. If a woman is married when she gives birth, her husband is going to be seen as the father, even if he is not the biological dad. If a couple is not married, a father who is present for the birth can establish paternity at the hospital. If the father is not present for the birth, he can file a Certificate of Parentage later.
Things can get more complicated if the husband is not actually the biological father. In cases like these, they would have to sign an Affidavit of Denial of Paternity. Then the biological father can complete their own Certificate of Parentage.
Why Do Some People Avoid Establishing Paternity?
Some people believe that the cons of establishing paternity outweigh the pros. Sometimes a father does not realize that being on record as the birth father conveys a number of important benefits. They just know that they can be made to pay child support if they are the birth father.
Other parents are just a bit more laissez-faire about the manner. They are not too concerned about the paperwork even though establishing paternity would be a positive thing for everyone.
What Can I Do If the Birth Father Will Not Put His Name on the Birth Certificate?
Sometimes a father does not want to admit that a child is theirs. This is usually due to them not wanting to be responsible for child support. If you are the mother of the child, you can sue and the court can compel the father to take a DNA test. If it shows that they are the biological dad, they will have to pay child support.
How Does Establishing Paternity Benefit Everyone?
Establishing paternity also has other advantages. For the father, it can guarantee their parental rights and ensure that they have the right to visitation or custody. They also have legal recourse if a mother decides to put the child up for adoption.
A child also benefits from having a father in their life. The relationship between a dad and their son or daughter is important. A father can also claim their child on their health insurance if paternity is established, allowing them to get the medical care that they need. If you never determine paternity, it can be difficult to exercise any of your parental rights.
Talk to Our Family Lawyers
Whether you need help establishing paternity or seeking out child support, we are ready to assist you. Contact Ross and Calandrillo, LLC and set up a consultation today.