Paternity

 

Establishing Paternity

Where paternity of a child is in issue, any party in interest, the mother, the father, or the child,

can ask the court for a determination. That means a lawsuit can be brought by a private party or

by the state. A private action for paternity is usually brought by the mother in order to get support.

The state will bring an action through a prosecutor's office when the mother applies for public

assistance in order for the state to be reimbursed for the aid given.

A person identified as the child's father in a paternity suit is called the "putative father."

When the suit names the putative father as a defendant in a paternity case, he has a choice of either consenting to the entry of a paternity judgment or contesting the action.

 

Acknowledging Paternity by Consent

In order for the putative father to consent, he must sign an Affidavit Acknowledging Paternity, which establishes the legal relationship between the father and the child. When the putative father consents to a paternity order, he consents for life. Most courts will not allow him to escape the consequences of the order, which include child support, even if it is later proved that he is not the child's biological father. If you consent to being named as the child's father, be sure that you are willing to live up to that responsibility no matter what you may learn later. That is why it is imperative that you seek the advice of an attorney in your area before consenting.

 

Benefits of Establishing Paternity

In addition to child support, paternity establishes emotional, social, and economic ties between the father and the child. Once paternity is legally established, the child gains certain legal rights and privileges.

Special reasons for establishing paternity include:

• Benefits - The child may be eligible for an inheritance, medical and life insurance benefits, and rights to social security and veteran's benefits.

• Medical history - It is crucial to the child's health for the doctor to have knowledge of the father's medical history. Knowing the family's full history of diseases, illnesses, and birth defects can help the doctor if the child becomes sick.

• Identity - It is important for the child to know who his or her father is. This will help make the child more secure.

• Father figure - Studies have shown that fathers play an important role in the lives of their children. Children who have a father figure in their lives are more likely to stay in school and avoid drugs and crime. They are also more likely to grow up to be responsible adults.

 

Statute of Limitations

Some jurisdictions have placed a statute of limitations on bringing an action for paternity. Therefore in order to protect your rights as a father, mother, or those of your child, it is important that you check with an attorney in your state regarding paternity laws.

 

Contact Us

If you have questions regarding Paternity, please

contact Donaghy Lowy, LLC to schedule your free consultation.