When a married couple has a child, there are a number of rights the parents are granted based on this relationship. However, when paternity has not been established, you’ll find that this leaves you without a number of important protections or benefits. As such, the following blog explores why it’s critical to establish paternity, whether you’re the child’s mother or father. You’ll also discover the importance of connecting with a Long Island family lawyer to help you through these difficult times.
Why Is It Necessary to Establish Paternity?
Whether you are the child’s mother or father, it’s critical to establish paternity for a number of reasons.
One of the most important reasons to establish paternity is because it helps ensure that the child can receive the financial support necessary to set them up for success. When a couple is married, both parents are assumed to contribute to helping the child. However, when the parents are no longer together, child support can be ordered to help ease the financial burden for the custodial parent. Unless paternity has been established, the court cannot order someone to pay child support without first ensuring they are a biological parent.
This is also the case for custody. As such, if you want to spend time with your child, you must first establish paternity, as the court will not allow you to spend time with the child without establishing yourself as their legal parent. In addition to spending time with the child, establishing yourself as the father can help ensure you have rights when it comes to making decisions for the child, like what medical care they receive or where they go to school.
Finally, establishing paternity helps the child, as they have a stronger sense of identity when they know who their parents are. Additionally, this can help ensure the child’s health and well-being are prioritized, as they will have a full familial medical history. This can help their medical providers stay alert to any symptoms of genetic diseases or disorders.
What Are the Steps in This Process?
Typically, when a child is born and the mother is married, her husband is automatically named as the father, even if they are not the biological father. However, this process is much different for those not legally married.
Establishing paternity can be achieved through two means. The first is through a Voluntary Acknowledgement of Paternity, which can be completed at the hospital immediately after the birth of a child.
In the event the man the mother claims is the father denies this statement, the court can order genetic testing. Generally, this must be conducted by a laboratory, as at-home testing may be unreliable. If the samples tested are a 95% or higher match, the man is deemed to be the father.
As you can see, there are a number of reasons why it’s critical to establish paternity for a child. Unfortunately, this process can be incredibly complicated, which is why it’s in your best interest to discuss these circumstances with an experienced attorney from the Law Offices of Jay D. Raxenberg P.C. We understand that this matter can be complicated, which is why we can guide you through the process while helping to fight for your rights during these difficult times. Contact us today to learn how we can assist you.
