Paternity
A Birth Certificate is Not a Substitute for a Court Order
When a child is born to parents who are not married to each other, either parent may initiate a law suit to legally establish paternity with regard to the minor child. Without an actual court order of paternity, you may jeopardize very important legal rights of your child such as the right to inherit upon death of a father who failed to prepare a will, the right to social security benefits if the child’s father becomes disabled, and the right to sue someone who is negligent and causes the death of their father.
Regardless of which parent initiates a paternity action, the issues which will typically be resolved during a paternity action involve establishing a parenting and time-sharing plan so that each party’s rights to have contact with the minor child are established, along with the support obligations of each parent with regard to the minor child. These obligations can include child support, providing health insurance for the minor child, payment of medical and health related expenses not covered by insurance, life insurance for benefit of the minor child, and any tax deductions which may be related to the minor child.
A paternity case can be uncontested or contested as to any issue involving actual paternity, time-sharing and child support. An “uncontested” paternity case is where both parties agree on all issues relating to their child. If the parents are not in agreement, then a contested paternity action is filed. In a paternity case DNA testing may be ordered if necessary, wage and other financial information exchanged, and mediation may be required to attempt to resolve all parenting, time-sharing and financial issues. If the case is not resolved prior to or at mediation, then a trial occurs where the judge will then make the final decisions establishing each of the parties’ rights and responsibilities with regard to the child, and as to any other issue that the parents were unable to otherwise agree.
After a paternity case is over, the parents will have the same rights and responsibilities with regard to the child as if the child were born to parents who were married to each other. Importantly, this also includes restrictions on either party’s right to relocate the residence of the minor child more than 50 miles away.
