Unmarried couples often have children. Unfortunately, most fathers don't realize that if they were not married to the mother of their child or children, they have no legal rights as a parent. Paternity for the unmarried father can only be proved through DNA testing or demonstrated through the existence of a paternity affidavit. A father cannot be awarded custody or enforce parenting time until paternity is established or affirmed by a court of law. This is often referred to by the courts as filiation proceedings.
Paul F. Sherman Is an Experienced Paternity Attorney
Paternity can now be established relatively quickly with low cost DNA paternity testing. The father can either submit to a paternity test or a court order can be obtained to compel the parties to take the test. Modern DNA tests are extremely accurate and provide nearly indisputable parentage (99.9%). It is also common that paternity can be affirmed by the existence of a paternity affidavit often presented to the father at the hospital at the time of the child's birth.
A married man is the legally presumed father when a child is conceived during the marriage even though he may not be the biological father of the child. This presumption may be rebutted by DNA testing but requires court or administrative action to do so.
A father served with child support enforcement papers needs to address the issue of paternity immediately. The failure to do so could result in the waiver of your rights.
Contact Paul F. Sherman for Advice on Your Paternity Case
We know you have more questions and we have the answers. If you would like to learn more about paternity, call the law offices of Paul F. Sherman, (503) 223-8441 for expert legal advice or Contact Us for a free paternity or parental rights consultation.