|
One is required to establish paternity in order to obtain legal rights over the child. The father’s relationship with the mother and the state paternity laws play an important role in gaining legal rights over the child. Below are a few questions that have been answered regarding this: Q. If the father signs the birth certificate and establishes paternity, does he have the legal right to stop the child from moving to another state? If the father is paying child support, does this stop the mother from moving to another state?
Both parents get equal rights in the upbringing of the child after paternity has been legally established. It is sometimes called “shared parental responsibility”, but it is different from “physical custody”. Generally, if there is change of residence or relocation to another state, the parent providing “primary residence” to the child should intimate the other parent and take consent. This is required so that the non-custodial parent does not miss out on the visitation time with the child. Whether child support is being paid by the non-custodial parent or not, it is generally required that the other parent is notified about the change of residence. Q. Consider a situation where a father has four children. The father did not marry the eldest child’s mother. Can the eldest child establish paternity now and become eligible to inherit the father’s property and money?
Certain states restrict the age to establish paternity at 18 years. Beyond the age of 18 years, paternity may not be established. If one is receiving child support from the father, then paternity might have been established previously.
If the daughter has turned 21, is it still possible to establish paternity and file for child support? In majority of the states, the mother has legal rights to establish paternity when the child is born out of wedlock. Just by establishing paternity, the child will not become eligible to receive child support. Some states allow children to claim for “past support” from the date of child birth. However, other states may have time and duration restrictions. It is possible that some states bar a claim for past support because the court is not convinced of the reason provided for delay in establishing paternity and is of the opinion that it would be unfair for the child to receive child support at that age. This would vary from one case to the other. Q. What is the procedure that one should follow so that a paternity test can be ordered by the court to establish paternity?
One would need to approach the District Court of the County where the child resides and file a petition to establish paternity. The DNA test of the petitioner and the child may be ordered by the court to establish if one is the father of the child. Q. Consider a situation where a person is expecting his baby from his ex-girlfriend. The ex-girlfriend has informed him that he would not be able to visit the baby at all if she is not around. What are this person’s rights in this situation?
It is the mother who gets all the legal rights to the child in the event that the couple is unmarried. The father gets parental rights in the event that the father signs the birth certificate or if he approaches the court for a DNA testing. In the above scenario, if paternity is established, the father may get legal rights to custody, child support and visitation. The experience of fathering a child is both beautiful and humbling. However, it is very important to have legal parental rights over the child so that one may get a chance to be a part of the child’s upbringing. Therefore, it is vital to establish paternity in the initial part of a child’s life itself. You may get more information about the process of paternity establishment by speaking to a family lawyer.
Related Articles -
Establishing paternity, paternity laws, how to establish paternity, paternity rights, rights of paternity, establish paternity, paternity establishme,
| 
