How to Establish Paternity in Family Law Cases

Establishing paternity is an in-depth area in family law, laden with a lot of legal, financial, and emotive matters. It is always in the best interests of both parents to have paternity established to secure their rights and responsibilities towards the child. Legal establishment of paternity permits a father to file for custody and visitation, affords the child the right to child support, inheritance, and a multitude of other benefits, including Social Security and health insurance. Other than that, it establishes a clear basis by which the father-child relationship is to be conducted and ensures that a child's identity and his or her familial relations are established and acknowledged.

There are also various legal ways through which paternity may be established, often differing from state to state with regard to procedure and requirements. One of the easiest ways through which to do it is by voluntarily acknowledging, at the time of his or her birth, the paternity of the child. When there is conflict, either parent can seek a legal process called the determination of paternity in court. Even when paternity can be done unconsciously like when a child is born under a union of marriage, sometimes it has to through court in cases where the parents involved are not married to secure the rights of every party in interest.

The challenges in cases of paternity often require the presence and help of a family lawyer. Such an attorney can help the parents through the legal proceedings and ensure that all the paperwork goes through correctly while their rights are guarded. The attorneys can also represent their clients in court so as to ensure the best interest of the child and the parents. If a parent wishes to establish their paternity or to dispute a claim of paternity, either way, they will want to have legal representation available to ensure that their case is heard and decided in just the way that they desire. The system is big, and sometimes it just needs a lawyer to help people find their way around.

DNA testing is a crucial component in paternity cases and provides a scientific way of ascertaining either biological relationships, confirming, or excluding doubt. Many courts insist on DNA testing where doubt or even actual denial of paternity exists. The testing procedures will involve genetic samples collected from the mother, child, and alleged father. It is mainly conducted through a simple cheek swab. The results are startlingly accurate and can be very powerful evidence in court. DNA testing can be obtained by either parent or can be ordered by the court and is essential in settling these matters, and therefore, it ultimately brings closure to all parties involved.

Where there is no voluntary acknowledgment to paternity, then a petition for paternity can be filled in family court. This petition is a request through the court to determine paternity, and while one or both can do it, it is by one parent, really; sometimes a government agency may file one. This is the filing of the appropriate documentation, such as, for instance, the child's birth certificate, and all evidence that might point toward paternity, such as previous DNA tests or affidavits of acknowledgement. Where the issue of paternity is disputed, a court shall require that a DNA test is necessary to be conducted after the filing of a petition. The court shall then, with such evidence, make such determination and establish paternity.

The establishment of paternity has many implications for the father and his child. Legally established fathers can file claims of custody or visitation and are obligated to provide for their child. In return, the child will benefit from rights of inheritance, obtaining medical history information, and many other financial benefits. In addition, this may help a child emotionally by establishing a heritage and genetic connections with his paternal family. Both parents can be co-decision-makers for the child's upbringing.