When an opposite-sex married couple has a child, the husband is legally presumed to be the child’s father. However, if the couple is unmarried, the mother is the child’s only legal parent. The father has no legal parental rights or obligations unless the parents take formal steps to acknowledge paternity.
Where paternity is not acknowledged by an unmarried parent, the parent wishing to establish their child’s paternity must seek a declaration of paternity from the court. If you are trying to establish or confirm paternity, contact us about paternity tests in Southbury. One of our dedicated father’s rights attorneys can guide you through the process.
A paternity test compares the DNA of the mother, the alleged father, and the child. It can determine with overwhelming scientific accuracy whether a specific man fathered a certain child. The test requires taking a swab of cells from inside the mouths of the parents and the child, and sending the specimens to a lab.
Either parent can pursue a paternity test to establish a legal parental relationship between a man and a child. When the child receives public assistance, the Department of Social Services also (the “DSS”) has the right to obtain a paternity test. An attorney in Southbury can advise a parent on how to pursue or defend a request for a paternity test.
Establishing legal parentage requires a court to issue a declaration of paternity. As provided in Connecticut General Statutes § 46b-560, the DSS, the mother, a man who might be the father, the child, or a child’s guardian could bring a petition in court to establish paternity. If there is any dispute that the man is the child’s father, the judge will order a paternity test. If the results indicate that the man is the father, the court will issue a declaration of paternity.
When a Southbury court issues an order declaring a man the father of a child after test results are revealed, the man becomes the legal father. The practical implications depend on the circumstances.
A legal parent must pay child support. The amount is determined by a formula that considers each parent’s income, the number of children they are supporting, and other factors. The court may order child support retroactive to the child’s birth. If DSS has been supporting the mother, child, or both, the agency could seek reimbursement.
The father also has a right to seek parenting time and custody. However, a Connecticut judge must decide any request for parenting time based on the child’s best interests. The court will consider issues like the relationship between the father and child, if any, the father’s demonstrated capacity to meet the child’s needs, the mother’s opinion, and any other relevant factors when deciding whether to grant custody or parenting time in these cases.
When a man is confident that he is the father of a child and the mother agrees, parents can sign an acknowledgment of paternity at the facility where the child is born without getting a DNA test. The facility sends the notarized form to the Bureau of Vital Statistics at the Connecticut Department of Health, and the father’s name is listed on the child’s birth certificate. The man has full legal parental rights and obligations toward the child.
If the couple does not sign an acknowledgment when the child is born, they can do so later at a Department of Social Services (DSS) office. Until they do so, the child has only one legal parent, the mother.
A father has no parental rights—that is, no legal entitlement to a relationship with the child or input into their upbringing—unless he establishes his paternity. Similarly, a mother has no right to child support unless there is proof that a specific man fathered her child.
There are numerous advantages to establishing paternity if it is uncertain. The child has a better sense of their identity and history when they can have a meaningful relationship with their father, and the mother receives additional support.
Work with an experienced attorney if you are considering a paternity test in Southbury or if you intend to pursue a paternity action against your child’s alleged father. We can ensure you understand the process and its implications. Contact our office today to schedule a consultation and get started.
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