Paternity

Paternity: Establishing Parental Ties and Rights

Establishing paternity is a fundamental legal process that formally identifies the biological father of a child. While it might seem straightforward, especially in cases where parents are unmarried, securing a legal determination of paternity is incredibly significant, impacting a child’s identity, rights, and access to support, and defining the legal responsibilities and rights of both parents. At Leigh S. Gettier, Attorney at Law, we approach paternity cases with sensitivity and precision, understanding the profound and lasting implications for families. Leigh Gettier is dedicated to guiding mothers, fathers, and sometimes the children themselves, through the process of establishing paternity, ensuring that every child has the legal recognition and support they deserve, and that parents understand their rights and obligations.

The importance of legally establishing paternity extends across numerous critical areas:

• Child Support: Once paternity is established, the father has a legal obligation to contribute financially to the child’s upbringing. This is often the primary reason a mother seeks to establish paternity, ensuring the child receives financial support from both parents.
• Custody and Visitation Rights: A legal father has the right to seek custody and visitation with his child. Without established paternity, a biological father may have no legal right to see or make decisions about his child. This allows fathers to be active and present in their children’s lives.
• Inheritance Rights: Children whose paternity is legally established have the right to inherit from their father, and potentially from the father’s family, in the event of his death.
• Access to Benefits: Children may gain access to various benefits through their father, such as Social Security benefits, veterans’ benefits, health insurance, and sometimes even wrongful death proceeds.
• Medical History: Establishing paternity provides the child with crucial access to their paternal medical history, which can be vital for understanding potential genetic health issues.
• Sense of Identity: For the child, knowing their biological father contributes significantly to their sense of identity, heritage, and belonging.

There are generally a few methods by which paternity can be established:

• Voluntary Acknowledgment: In many states, if both parents agree on paternity, they can sign a Voluntary Acknowledgment of Paternity form, often at the hospital after birth or at a local health department. This legally establishes paternity without the need for a court order. However, it’s crucial to understand the rights and responsibilities that come with signing this document, as it carries the same legal weight as a court order.
• DNA Testing: If paternity is disputed or uncertain, DNA (genetic) testing is the most common and accurate method to establish biological fatherhood. A simple, non-invasive test (usually a cheek swab) can provide near-conclusive evidence.
• Court Order: If parents cannot agree, or if one parent refuses DNA testing, a petition for paternity can be filed with the court. The court will then order DNA testing and, based on the results, issue a court order declaring legal paternity.

The legal process for establishing paternity typically involves several stages. It often begins with one party (usually the mother, the alleged father, or a government agency if the child is receiving public assistance) filing a petition with the family court. If the alleged father contests paternity, the court will typically order DNA testing. Once the results are available, if they confirm paternity, the court will issue an order establishing the father-child relationship. This order is often combined with decisions regarding child support, custody, and visitation. Leigh Gettier guides clients through every step, from preparing and filing the initial petition and arranging DNA testing to representing them in court hearings, ensuring all legal procedures are followed accurately and efficiently.

Establishing paternity also sets the stage for critical discussions about custody, visitation, and child support. Once the father’s legal relationship to the child is confirmed, the court will typically issue orders that define these aspects, just as in a divorce case. Leigh Gettier advocates for fair and sustainable custody and visitation schedules that prioritize the child’s best interests, ensuring both parents have meaningful opportunities to bond with and raise their child. She also works diligently to establish child support orders that are calculated correctly according to state guidelines, ensuring the child’s financial needs are met by both parents.

Occasionally, cases may involve a father seeking to disestablish paternity, often when DNA evidence later contradicts a previously assumed or voluntarily acknowledged paternity. These cases are complex and typically require demonstrating fraud, duress, or a mistake of fact when the original paternity was established, usually within strict statutory timeframes. Leigh Gettier has experience in these sensitive and challenging matters, providing strategic counsel to navigate the legal hurdles.

At Leigh S. Gettier, Attorney at Law, we approach paternity cases with the understanding that they are about more than just legal documents; they are about defining family, securing futures, and affirming identities. We are committed to providing compassionate, strategic, and clear legal guidance to ensure that every child has their parentage legally recognized, and that both mothers and fathers understand and fulfill their crucial roles. Let us help you navigate the process of establishing paternity to secure the stability, rights, and support your child deserves.