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Legal Questions about Paternity Establishment

Establishing paternity is important if you want to get legal rights over your child. However, state paternity laws and your relationship with the mother of the child may affect this process in many ways. Find answers to all your questions about establishing paternity by directing them to Family Lawyers on JustAnswer. They will provide you with quick and insightful answers to all your queries. Listed below are the top paternity establishment questions answered by the Lawyers.

Once, the biological father’s paternity has been established and his name appears on the child’s birth certificate, does he have legal rights over the child moving to another state? If he provides her with child support, does that affect her right to move residence to another state?

Once paternity has been legally established, both parents generally get equal “rights” over raising the child. This is not the same as “physical custody” and is occasionally referred to as “shared parental responsibility”. In most cases, the parent who provides the child with the “primary residence” must notify the other parent and receive the consent of the other parent before moving house, especially if it is out of state. This is done to ensure that the visitation time of the “non-custodial” parent is not cut off. Irrespective of whether child support is being provided by the non-custodial parent or not, the parent with primary custody over the child cannot usually shift residence without informing the other parent.

My parents never married. My father is unwell now and has three other kids. I am the eldest of all his children. Can I establish paternity now and would I be entitled to money and property that my father owns?

In certain states, paternity needs to be established before the child turns 18. If you are past 18 years of age, it is possible that you may not be able to file for paternity now. However, if you have been receiving child support from your father through your mother, paternity might have been established already. If you would like further legal advice, write to Family Lawyers on JustAnswer with more details of your case.

My daughter is 21 years old. Can I still establish paternity and file for child support for her?

In most states, when a child is born out of wedlock, the mother has legal rights to establish the paternity of the child, irrespective of how old the child might be. But establishing paternity does not automatically entitle the child to child support. In certain states, children can claim “past support” from the day that they were born. While, in other states, there are laws that have time and duration restrictions on receiving child support. Finally, certain states even bar a claim for past support if the court feels that the delay in establishing paternity is not justified or is unreasonable and that it would be unfair for the child to receive child support at this stage. However, every case is different. To understand where you stand and what kind of support you could be eligible for, get in touch with Family Lawyers on JustAnswer with specific details of your case.

I want to establish paternity and would like to know where I would need to go to file a petition to get a paternity test ordered by the court?

To establish paternity, you would need to file a petition in the District Court of the County in which your child lives. On filing the petition, you could be asked by the court to submit yourself, as well as the child, to a DNA test to establish whether you are the father of the child.

My boyfriend is expecting a child with his ex and she has told him that he will not be able to visit the baby in her absence, even if it is for a few hours at a time. Are there any laws regarding his rights?

When a couple is not married, the mother usually gets all legal rights to the baby. Unless the father signs the baby’s birth certificate with the mother’s consent or files a petition in court to order DNA testing, he probably will not have any legal rights. In this specific case, if your boyfriend decides to establish paternity by filing a petition and is proven to be the biological father, it is possible that he will get legal rights to custody, child support and visitation.

Fathering a child can be an amazingly beautiful and humbling experience. But in order to play an active role in your child’s life, you must have legal parental rights over him or her. That’s why it is important to establish paternity early on. Family Lawyers on JustAnswer can give you tips and legal information on how you can go about this. Write to them and get all your questions answered both quickly and at affordable rates.
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