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Establishing Paternity Lawyers
Key Takeaways
- Getting an acknowledgment of paternity allows fathers and their children to enjoy certain rights that they would not otherwise have access to.
- A family lawyer can help navigate the complex legal requirements for the child’s father to establish paternity through a DNA test or other methods.
- A paternity attorney from a reputable law firm offers a wide range of benefits that men would otherwise not be able to enjoy when pursuing a paternity case.
- Parental rights and parenting time may depend on being able to establish paternity, so it is best to have all the aid you can get for related legal issues.
Acknowledging Paternity in a Divorce or Child Support Case
When a child’s parents are not married at the beginning of the pregnancy or at the birth of the child, the father is legally without the rights and responsibilities of a parent. The father, mother, or a third party on behalf of the child must seek a declaration of paternity to legally establish a parent-child relationship with the father.
This process gives the father specific custodial rights while imposing upon him a legal obligation to provide specific financial support for the child. Let’s discuss paternity, why you should work with a Cordell & Cordell paternity lawyer, and how to establish it.
Why You Need to Hire a Paternity Attorney
There are multiple ways in which an attorney can help when establishing paternity.
To File a Proper Paternity Action
A paternity attorney is a great tool to have at your disposal when dealing with any kind of divorce or child support case in which paternity is called into question by either you or your spouse. With a lawyer’s help, you will have all the necessary documentation submitted accurately and on time in addition to helping establish legal grounds.
To Uphold Your Rights During a Divorce
A divorce is an emotionally taxing process, so having a lawyer on your side can help you navigate the difficult process while advocating for your legal rights. A lawyer can do this without the personal emotional stress of interacting with your ex and court officials regarding paternity and custody disputes.
To Protect Fairness in Determining Parental Responsibility
Determining parental responsibility can be difficult without help from an attorney. From a non-biased objective point of view, they are integral in advocating for fairness in all decision-making efforts even if the child’s birth has yet to occur and are looking for genetic testing solutions.
To Maintain Fairness in Determining Timesharing
Timesharing agreements are essential for the future of your children, and a lawyer can help all timesharing agreements maintain fairness. These are essential for long-term child custody agreements that could be in effect for the entirety of childhood.
To Advocate On Your Behalf During Child Support Determination
An attorney will approach child support determinations with the best interests of the child in mind above all else. These efforts will help protect the child and see that they are properly taken care of.
To Help With a Proper Paternity Order Modification
Substantial changes can affect how a paternity order works. A lawyer can guide you through the modification process while maintaining legal standards. Note that this is done while advocating for optimal outcomes for you and your children.
Family Law is Inherently Complex
Family law as a whole is inherently complex, especially when it comes to the idea of fathers’ rights. A family law attorney will have extensive knowledge of family laws, offering valuable legal advice on how you can make informed decisions about your family’s future.
How to Establish Acknowledgement of Paternity
Establishing acknowledgment of paternity can be done in one of two ways. You can accomplish this outside of court, or you can use the parameters of paternity court itself. Either way, you will want to have a paternity attorney by your side throughout the process.
Establishing Paternity Out of Court
The easiest way to establish paternity is for both the mother and father to sign an affidavit stating the child is theirs. You and your partner may sign this affidavit at the hospital before the baby is discharged or at a local public health unit, the Department of Children and Families office, or the Child Support Enforcement office.
To further protect your rights, you also should consider filing an affidavit with your local department of vital statistics, putative father registry office, or other relevant state office.
Using the Paternity Court
The more difficult way is to get a court order establishing paternity.
- The non-custodial parent may sign legal documents establishing paternity and/or child support. This is called a stipulation or consent order. The court then adopts the stipulation or consent order in a final order.
- The court may hold a hearing to establish paternity and/or support.
Benefits of Establishing Paternity
By establishing paternity, you will give your child the rights and benefits enjoyed by children born to married parents, which include:
- Legal proof of each parent’s identity
- Information regarding family medical history (in case of inherited health problems)
- Medical or life insurance from either parent (if available)
- Financial support from both parents, including child support, Social Security, veterans benefits and military allowances (if applicable), and inheritance
By establishing paternity, you also give yourself several legal rights:
- To seek a court order for child support
- To seek a court order for custody or visitation
- To have a say in certain legal decisions regarding the child
The Father’s Rights and Responsibilities
By signing the affidavit, the mother and father confirm that he is the biological father of the child. The father’s signature also affirms that he will be responsible for the child’s financial and medical support until adulthood.
After establishing paternity, a court may order child support payments and medical insurance for the child, basing the amount of child support primarily on both parents’ incomes using guidelines set by state law.
The parents need to cooperate with the child support enforcement authorities so children in need can receive help as quickly as possible. If a parent doesn’t cooperate, the case may close.
Challenging paternity must be done within certain time limits depending upon the state with jurisdiction over the child.
Related article: Joe Cordell Tackles Paternity Problems On Huffington Post
Paternity Podcasts To Help You
- Men’s Divorce Podcast: Problems With Paternity – Men’s Divorce Podcast
- Paternity and the Putative Father Registry – Men’s Divorce Podcast
- Changes to Custody, Spousal Support, and Paternity Laws – Men’s Divorce Podcast
Why Work With Cordell & Cordell
At Cordell & Cordell, we work with men and fathers all across the country who are facing family law issues in a biased system. With our aggressive approach to cases and communicative attorney-client relationship, you can approach your issues with confidence knowing that you have an experienced advocate on your side. Take a look at what some of our previous clients had to say about our range of services.
“The whole team from Cordell and Cordell did an amazing job on my case! They all went above and beyond, and I will be forever grateful! [I] recommend their services!” — Damian A.
“Cordell & Cordell has been a pleasure to work with. They are very knowledgeable and dedicated to their craft and really gave me comfort during this extremely stressful time. [My attorney] is a superstar and I couldn’t have asked for better representation!” — Anthony H.
Contact Cordell & Cordell To Protect Your Rights
We know that family court cases can be tough, which is why we take an aggressive approach to offering protection for you and your children. Contact our team today by calling 866-DADS-LAW or filling out our online contact form to schedule an initial consultation.
Frequently Asked Questions
Yes, you can get a court-ordered paternity test without a lawyer as the alleged father. All it takes is a simple request to the court, though your ability to do this successfully on your own can vary depending on the specific guidelines of your unique jurisdiction.
Yes, home paternity tests are accurate if they are performed correctly and use testing kits that are of a reputable high quality. Low-quality tests, however, could end up offering misleading results, so make sure you use a decent test before finalizing any conclusions about who the legal father is.
Yes, there are paternity test options while pregnant. This is known as non-invasive prenatal paternity testing or NIPP, and establishing the child’s paternity can be done without any harm to the fetus.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.