Fathers do not have legal parental rights over children born outside of marriage unless they take affirmative steps to establish their paternity. When a father does not acknowledge paternity soon after the child’s birth, either the parent or the child could turn to the courts.
A New Canaan paternity lawyer can help a father who wishes to establish his parental rights or defend himself from a paternity action when he believes a child is not his. An experienced family attorney can also help a mother prove her child’s paternity to secure child support from her child’s father. Call our law office today to find out more.
When an unmarried woman gives birth, she is her child’s only legal parent. She is the only person with the right to custody and the obligation to support the child. A father who wants to assume parental rights and obligations must take affirmative steps to establish paternity.
Parental rights include having physical custody, forming a relationship with the child, and making decisions regarding their upbringing. Parents with legal parental rights can inherit from their child and vice versa. A New Canaan lawyer can explain the benefits and risks of legally establishing paternity.
Being a child’s legal parent creates financial obligations. When the father acknowledges paternity, he must pay child support if the child does not live with him, regardless of his relationship with the mother or the child.
Couples can complete an Acknowledgement of Parentage form to ensure the father’s name appears on the child’s birth certificate and both parents have legal parental rights. The form is a sworn affidavit that both parents must sign. Hospitals and birthing centers can provide a copy of the form and a notary to witness it.
Same-sex couples sometimes use assisted reproductive technology (ART) to conceive a child. Both partners can establish their legal rights as the child’s parents by signing the acknowledgment affidavit when the child is born. A New Canaan paternity attorney can explain the importance of establishing both partners’ legal parental rights.
The acknowledgment is sufficient to secure legal parental rights in Connecticut but might not be adequate in other states or countries. The best way to guarantee parental rights for the parent who is not biologically related to the child is adoption. The legal rights of adopted parents are recognized and honored in every state and most countries.
When both parents do not voluntarily sign an acknowledgment of paternity, either parent can go to court to get a declaration of paternity. The parent seeking to prove paternity files a petition with the court asking the judge to name a specific person as the father of a child. When a father brings a paternity action, he asks the court to validate his paternity; when a mother brings an action, she seeks to prove a specific man is her child’s father.
In many cases, the parents agree to acknowledge paternity before the court holds a hearing. When the parents disagree, Connecticut General Statutes § 46b-497 allows the judge to order a genetic test. If the test indicates a close biological relationship between the man and the child, the court will issue a declaration of parentage.
Establishing paternity obligates the man to pay child support and offers other benefits to the parent and the child. However, the child’s best interests determine whether the court will grant custody and visitation rights. A determined lawyer in New Canaan can explain the factors the judge will likely consider when deciding custody and visitation in a specific paternity case.
Children born outside of marriage have only one legal parent unless the parents take steps to establish the father’s legal rights. Having two legal parents benefits a child in numerous ways.
Consult a New Canaan paternity lawyer if your child has only one legal parent. They can advise you on the best strategy to ensure your child’s paternity is recognized. Get in touch with a skilled legal professional today.
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