Multi-State Paternity Attorneys Here For You
National statistics indicate that the out-of-wedlock birth rate is about 40 percent. When a married couple has a baby, the identity of the father almost never comes into question. If a child is born to unwed parents, however, the father’s identity may not always be as apparent. In cases where a child is born out of wedlock, a father has to file a paternity action if he wants to ensure that he has custody rights to his child.
Contrary to popular belief, simply being on a birth certificate does not give a father an enforceable custody order. If a father does not file a paternity case, a common scenario is where there is an administrative child support order put in effect against the father through the Division of Child Support Enforcement (or another state agency in your jurisdiction). Yet, while paying child support, the father still has no child custody schedule and the right to see his child or be an equal decision-maker. If unmarried men fail to establish their rights, courts also have the discretion to award five years back child support.
At Stange Law Firm, PC, our dedicated paternity lawyers represent clients on all sides of these cases. We have extensive experience in paternity disputes. We know the law and we know your rights. We understand what is at stake, and we work diligently to reach the best possible outcome on your behalf.
Strong Representation in Your Paternity Case
Making an accurate determination about the paternity of a child is critical. The results of these actions will have a serious impact on everyone involved for many years. Child support, custody and visitation, parental rights, and other considerations will all move forward from the outcome of the paternity action.
When you hire our firm, we will do everything in our power to ensure that you get the right answers, including ensuring the integrity of the DNA testing. No matter which side of the case you are on, we will work to build the strongest possible case to support your position.
From our webpage, you can also find out more about the following topics at the links below or from the menu:
- Legitimation – Ensuring that a child is found to be the child of a father can be important in many paternity cases.
- Parental rights – Establishing parental rights can also be an important issue in paternity cases.
- Holiday visitation and child custody – In paternity cases, having a holiday schedule put in place can be vital in ensuring that both parents get to see a child during the holidays.
- Creating a parenting plan – Ensuring that there is a parenting plan or custody schedule is critical for unmarried parents.
- Child support – Making sure that the financial needs of a child are met can be a critical part of a paternity case.
- Transportation – For many unmarried parents, knowing where and when children will be exchanged is a critical issue.
- Name change – The last name of the child can be critically important for many unmarried parents. In some cases, a court may consider a hyphenated last name.
- Educational expenses – The cost of education, including private education or college education can be a vital issue for many unmarried parents.
Our clients in these cases have included:
Unmarried men who are denied frequent and meaningful contact to their children by the mother.
Mothers who are trying to establish paternity to secure child support.
Alleged fathers who deny any biological relation to the child.
Paternity is a legal term that means fatherhood. If parents are married, the husband is automatically considered to be the father of a child born during the marriage. However, children whose parents are not married have no legal father unless the parents establish paternity.
Around 40 percent of children in the United States are born out of wedlock, and in most cases, these children are just as loved, well-adjusted, and healthy as those born to married parents. Yet, they do face one challenge that children with married parents do not: there are significant disadvantages to lacking an official paternity designation. Unmarried parents in Missouri need to seek the services of a paternity issues attorney to discuss how and why paternity should be established after the birth of a child.
The Many Benefits for Children of Paternity Establishment
Establishing paternity is almost always in the best interests of a child. For one thing, children often receive different kinds of benefits from one or both parents. These benefits may include health and life insurance, the right to an inheritance, Social Security benefits, and, for those children who have had a parent in the military, veteran’s benefits. Typically, paternity must be established for a child to receive these benefits from his or her father.
Another major advantage of establishing paternity for a child is the right it gives the child to financial support from the father: unless paternity is established, the father is not legally obligated to provide support. Even if the natural father of a child is presently forthcoming with support, securing the child’s legal right to future support can be extremely important should circumstances change.
There are also medical reasons to establish paternity. Doctors need to be aware of the father’s medical history to properly gauge the inherited conditions that may affect a child’s health. In addition, health problems may cause a child to need blood transfusions or tissue transplants from a compatible donor; knowing the identity of the father with certainty is important to find compatible relatives, especially for children with rare blood or tissue types.
Finally, establishing paternity can benefit children emotionally. Knowing who both their parents are can help give kids a sense of identity and belonging. Furthermore, fathers who are involved in their children’s lives often have a huge positive impact on school performance, behavior, and other measures of a child’s well-being – officially establishing paternity can help foster meaningful father-child relationships.
How to Establish Paternity
The simplest way for unmarried parents to establish paternity is for both of them to sign an Affidavit Acknowledging Paternity. Ideally, this legal form is completed at the hospital when the baby is born: if both parents complete it before the hospital files the child’s birth certificate, the man officially becomes the child’s legal father and his name is added to the birth certificate. If the parents miss their window at the hospital, an Affidavit Acknowledging Paternity can be completed later.
If the mother and the man who believes he is the child’s father are not both completely certain who the biological father is, an Affidavit Acknowledging Paternity should not be immediately filed, and a genetic test should be performed. Genetic testing is relatively simple and non-invasive: a tissue sample is collected from the mother, the child, and the alleged father (usually by swabbing the inside of the cheeks) and shipped to a lab for analysis. If the tests reveal at least a 98 percent probability that that man is the father, he is presumed to be the father under Missouri law.
Of course, for one reason or another, either the mother or the father may refuse to establish paternity. When paternity is contested, it is always advisable that the parties involved seek the services of a qualified paternity determination attorney.
The mother, the alleged father or the child’s custodian may request an order for DNA paternity testing.
Contact a Paternity Attorney at Stange Law Firm Today
To schedule a consultation with a multi-state paternity lawyer, contact us online or by phone at 855-805-0595.
