Every child should enjoy his or her right to be with his or her father. Thus, he or she should be known better by his or her father in every step of life. So, establishing a legal paternity can make these things possible.
If you plan to establish legal paternity, your child can gain several legal benefits, including to be benefitted financially. Apart from receiving regular support, your child is also entitled to death benefits such as veterans or social security benefits in the case of birth father’s death.
Furthermore, if your child is under the legal paternity right, he or she can access your medical history. Meaning, your child is allowed to get informed about your medical genetic issues, if any.
Establishing Paternity
Paternity refers to the legal acknowledgment between a father and his child relationship. Establishing of paternity provides the unmarried parents’ child with legal benefits and rights similar to the child with married children.
- When a married woman gives birth to a child, the state law will presume that her husband is the father of the child.
- If an unmarried woman gives birth to a child, the child or mother should establish legal paternity
Most of the time, the child or mother may establish legal paternity before birth or even at any time before that child will turn 18.
You can establish legal paternity of your child in several ways such as:
ESTOPPEL
In some states, a father can establish legal paternity by holding out himself to the parent of the child. Then, he will provide a continuous emotional and financial support to the child.
COURT DETERMINATION
In a court determination, the parent can file a petition to establish legal paternity. Parties under the paternity proceeding have the right to cross-examine witnesses, submit evidence to the court and testify.
To decide of paternity, the court considers several factors such as details surrounding the conception’s time and date, sexual relationship between the mother and the child’s potential father, as well as the genetic testing results. Once the judge is convinced that paternity has proven, a legal paternity will be granted to the father.
GENETIC TESTING
Genetic testing, also known as paternity testing, is used to find out the biological relationship between a potential father and a child. It will examine the DNA found in the saliva or blood of the potential father, child, and the mother.
If you prefer genetic testing, you need to contact the state child support agency. The child support agencies often pay for the paternity support until the father’s identity is established. Then, the father has to pay all or part of the genetic testing costs once paternity is established.
VOLUNTARY ESTABLISHMENT
If a father and mother agree on the legal paternity of their child, they have to sign an affidavit about establishing paternity. After the affidavit is processed, the name of the father will be added to the birth certificate of the child.
If you need legal help when establishing legal paternity of your child, family lawyer of saskatoon can provide you the proper solutions for your case.
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