Reasons to Establish Paternity

Unmarried fathers should establish legal paternity of their children so that they can have court-ordered parenting time and the right to make decisions about the children’s education and healthcare.

Being a dad is about more than just having your name on a child’s birth certificate or sharing your DNA with a child; it is about what you do. Perhaps you have been involved in your child’s life since the child was born; you changed diapers, taught your child to use the toilet, and transported your child to daycare, school, and extracurricular activities. Maybe you have also been a consistent source of financial support for your children, too. If you have never been married to the child’s mother, the court sees you as just another adult in the child’s life; you do not automatically have the same legal rights that an unmarried mother has unless you establish legal paternity. Whether you live with your child’s mother or you and your child’s mother are enemies who briefly dated long ago, the only way to get the legally enforceable right to continue spending time with your child and to make decisions about the child’s upbringing is to establish legal paternity. A Murfreesboro family law attorney can help you establish legal paternity of your child or children.

Establishing Paternity Benefits You and Your Children

If you establish legal paternity of your children, you will be their legal father until they reach adulthood, whether or not you are their biological father.  If you do not live with the children’s mother, the court will order you to file a parenting plan, which enshrines your court-ordered parenting time. This guarantees that the children will spend certain days of the year with you. Based on the parenting plan and on each parent’s income and expenses, the court will issue a child support order.

If you are the legal father, your ex cannot move out of state without giving you a chance to object and modify the parenting plan so that you can still see your children. Likewise, your ex’s new husband cannot legally adopt your children without seeking to terminate your parental rights.

How to Establish Legal Paternity of Your Children

To establish legal paternity of your child, you must file an action with the court and obtain a court order. You may also file a voluntary declaration of paternity, signed by both you and the child’s mother. This declaration becomes irrevocable 60 days after the court receives it, allowing you to be listed on the child’s birth certificate. However, you cannot enforce your rights as a parent without a court order establishing paternity. You do not have to take a DNA test to prove your genetic relationship to the child; your voluntary assumption of the rights and responsibilities of fatherhood is sufficient. However, you may wish to obtain genetic testing before becoming financially and legally obligated for the child. Meanwhile, if you want to become the legal father of children whose biological father has died or never established legal paternity, you must go through the adoption process.

Contact a Murfreesboro Parental Rights Lawyer

A family law attorney can help you establish legal paternity of your child. Contact David L. Scott in Murfreesboro, Tennessee, or call (615)896-7656 to set up a consultation.