Legal paternity refers to the courts legally recognizing someone as a child's legal father. If you are the legal father of a child, you have automatic parental rights. However, paternity is not automatically established in all cases, even if you signed the child's birth certificate.
How Is Legal Paternity Established?
When a married father has a child, the child is automatically presumed to be his legally — the child being born during the marriage establishes legal paternity. However, if the parents are not married, it is a different situation. Both parents must sign a recognition of parentage — a legal document that must be signed in front of a notary. If this is not possible, paternity can be established through a paternity test ordered by the family courts.
What Happens After Paternity Is Established?
If you are seeking court-ordered visitation or a custody arrangement, establishing paternity is the first step. Once paternity has been established, you will be able to file a petition for custody or visitation with the family courts. You will need to show why the requested arrangement is in the child's best interests. If the child's mother contests the petition, it can take several months for the matter to be fully resolved.
What Are the Next Steps?
If you are ready to move forward with your paternity case, it is time to talk to an attorney. A family law attorney can review the details of your case, help you understand what is needed to establish paternity, and clarify what parental rights you may already have. Once you understand the path forward, you can begin the process of requesting a paternity test and then move on to addressing visitation, custody, and child support.
Take the first step toward establishing paternity and fighting for your relationship with your children when you call our law office at 651-571-8547.
This article is for general informational purposes only and does not constitute legal advice. Contact TVA Law Office at 651-571-8547 to discuss your specific situation.
