Copyright 2019 Stancati, Hencken & Greenlee P.C.

PATERNITY

ESTABLISHING LEGAL RIGHTS TO A CHILD

When a child is born and the parents are not married, the paternity of the child must be established.  This can sometimes be accomplished by signing an "Affidavit of Parentage" when the child is born.  This document lists the legal father of the child and makes that party legally responsible to support the child.  It is important for unwed fathers to remember that even if they are the legal father of a child, listed on the birth certificate and/or signed an Affidavit of Parentage, they do not have custody or parenting time rights until they establish these rights with the Court.  Even if both parties are in agreement, this agreement should be entered with the Court.

When faced with the responsibility of providing for and having a relationship with a child born out of wedlock, both mother and father should understand the seriousness of legal documents and their rights.  An attorney can assist fathers in establishing parenting time, child support, custody and paternity.

REVOCATION OF PATERNITY ACT (ROPA)

The Revocation of Paternity Act allows fathers challenge several items, including, but not limited to:

  • Establish Paternity of a child born out of wedlock, usually with a DNA test.

  • Revoke an Affidavit of Parentage if they have already signed it and have discovered they are not the biological father, in limited circumstances.

  • Establish legal rights to a child born to a married woman during a marriage that was not fathered by the Husband.

 

Due to the complexity of paternity actions and the law that governs, it is very important for a parent to speak to an attorney to make sure they understand their rights.  Call our firm today to speak with an attorney.  269-381-4471