Paternity

A paternity proceeding is a legal action to establish the biological father of a child. Establishment of the child’s paternity impacts the child’s inheritance rights, adoption, custody and support of the child, and the ability of a parent to provide health insurance for the child. Either parent may start a paternity proceeding. If the child’s paternity is in dispute, DNA testing will be conducted. Once paternity has been established, the issues which need to be addressed concerning a minor child are the same as in a divorce proceeding: custody, parenting time, child support and medical support.

In some cases the parents will have signed a document called a “Recognition of Parentage” (“ROP”) following the child’s birth in which they acknowledge under oath that they are the child’s biological parents. Although the ROP legally establishes the child’s parentage, it does not give the birth father any custody or parenting time rights, and does not determine the support obligations of the parents. In these cases, while no genetic testing is required, custody and support will have to be addressed in a separate legal proceeding.

While a formal legal proceeding is necessary to establish paternity, custody and support, the resolution of these legal issues may be resolved through ADR as well as litigation. Our family law attorneys have many years of experience representing mothers and fathers in paternity proceedings. We will guide you through the legal process in the manner which best fits the circumstances of your case.