Blog Post

Paternity is legal fatherhood. Any child born to a married woman is presumed under the law to be the child of the woman’s husband (i.e., the husband’s paternity is established by the legal presumption that he is the father of the child).  In all other cases, however, the child does not have a legal father until paternity is established through the legal process. 

First, every child deserves to have a legal father. Second, paternity creates certainty with respect to the various rights and responsibilities of a father to a child. For instance, establishing paternity can give a child access to health insurance, Social Security or veteran’s benefits and, potentially, child support and inheritance. Further, the establishment of paternity is the legal method by which an unmarried father can establish his rights to time-sharing (custody or visitation) with the child, parental responsibility of the child, and the right to act as the child’s guardian.

Provided the parents were not married at the time the child was born, the easiest method to establish paternity is to have both parents acknowledge paternity by signing a legal document that acknowledges the child’s legal father. The parents can complete the “Paternity Acknowledgement” form DH-511 (signed before two witnesses or a Notary Public) at the time of the child’s birth, which establishes paternity immediately, culminating with the father’s name appearing on the child’s birth certificate. Should the parents fail to establish paternity before the child and the unmarried mother leave the hospital, the mother and father can later complete an “Acknowledgement of Paternity” form DH-432 (again, signed before two witnesses or a Notary Public). After the state receives the form, the child’s birth certificate is changed and the father’s name is added. Voluntary acknowledgement of paternity is the fastest way to give the child a legal father.

If acknowledgement of paternity is impossible or does not happen voluntarily, several other methods of establishing paternity are available. One such method is an Administrative Order of Paternity, which has the same force of law as a court order, and is issued by the Department of Revenue after a genetic test confirms the identity of the biological father. Often, the Administrative Order can be the preferred method of resolving paternity disputes because it avoids the need to go to court. However, the establishment of paternity through the administrative process may not necessarily be the best legal method to use, depending on the circumstances.  For example, the administrative order establishing the father’s paternity can generally address only issues of child support and health insurance.  An administrative order cannot establish a parenting plan, or grant the father any right to parental responsibility, custody, or time-sharing.  In a sense, it is an establishment of paternity for financial purposes only.  If you have questions about how to establish paternity through the administrative process, or whether it’s the right choice for you, please contact one of the experienced family law attorneys at The Law Office of Silverman, Vorhis & Doan. 

Another, and perhaps the most effective, way of establishing paternity is by the filing of a legal action (lawsuit) in Circuit Court.  The legal action, which is called a paternity action or suit to determine paternity, can address every issue related to the parenting of the child.  The end result, whether by agreement of the parents, or by order of the court after a trial, is a judgment of paternity which determines the rights and responsibilities of both parents with respect to the child. 

The first step to initiating a paternity suit is to file a Petition to Determine Paternity.  Either a mother or a father may file such a suit.  In many ways, a paternity suit progresses much like a divorce, but without issues of property division or alimony.  During the legal proceedings, both sides must develop (and hopefully agree) upon a parenting plan for the child, and both sides are required to provide extensive financial disclosure so that issues like child support and the child’s health insurance can be addressed.  If the parents cannot agree to a parenting plan after court-ordered mediation, a judge must decide the issues.  The factors the judge must consider, and in fact the laws the judge must use, are the same as those used for child custody litigation in divorce cases.

The various methods of establishing paternity each have certain advantages and disadvantages.  One important factor is who is seeking to establish paternity, and another is why.  If you have questions about paternity issues, please contact one of the experienced family law attorneys at The Law Office of Silverman, Vorhis & Doan today.