What is Paternity / Parentage?

There is a common misconception that a Paternity Suit or Paternity Action is used to confirm that an alleged Father is actually the Father of a particular child/ren.

In all actuality, the Paternity Action is simply the name of the lawsuit that one brings when they have children in common with someone they were never married to and are no longer living together and/or are no longer in a relationship and a plan is now needed to determine both Physical and Legal Custody.

1. The relationship between the parents has ended, they were never married to each other, and the Mother wants to seek child support from the Father. The State cannot lawfully order child support against the Father without first making a finding that he is in fact the natural Father of the child in need of support.

a. The finding that he is the natural Father of the child must be made based on evidence, which can be any of the following:

i. Genetic testing establishing he is the Father (Think Maury)

ii. The Father’s signed and notarized acknowledgement that he is in fact the natural and biological Father

iii. Evidence put on by Mother that Father has voluntarily and notoriously held the child out to be his own as though he is the natural and biological Father of the child

2. The other most common situation when a Paternity Action becomes necessary is, again the relationship between the parents has ended, and Mother has decided she no longer wants Father to see the child with any regularity and conflict ensues.

a. When the above situation occurs, Father can bring an action to have himself declared the natural and biological Father of the child and ask the Court to order that he be allowed to have frequent and meaningful parenting time with their child, pursuant to either an agreed upon or Court ordered Parenting Plan.

If you are experiencing issues with co-parenting with the other parent of your child, let’s talk about how I can help resolve your dispute and explain your rights in full detail.