When a married couple has a child, the husband is assumed to be the father, meaning he is put on the birth certificate as it’s being completed. However, when a couple is not married, understanding how to establish paternity is critical. There are a number of reasons why you should consider establishing paternity, as explored in the following blog. You’ll also discover the different ways in which you can obtain a legal relationship with the child and the importance of working with St. Louis paternity lawyers to help you protect your rights during this sensitive matter.
Why Should a Father Establish Paternity?
There are a number of reasons you may wish to establish paternity, whether you’re a father looking to foster a relationship or a mother who needs assistance financially supporting a child. However, one of the most important benefits directly impacts the child. By knowing who their father is, medical providers can examine the paternal family medical history to help determine if there are any risk factors the child may be susceptible to. Knowing if there are genetic issues can help ensure the child receives the best possible medical care. In addition to informing the child of their medical history, you’ll find that children who know both of their parents may have an improved sense of identity.
In addition, establishing paternity allows the mother to seek child support from the biological father. Child support is critical to ensure the child can have the best possible chance at success, as these payments reflect the income that would go toward the child if both parents were still together. The court cannot order someone who is not a biological parent to pay child support.
Finally, when paternity is legally recognized, it allows the father to seek custody of the child. This includes both physical and legal custody. Like child support, the courts will not grant custody to someone who is not a biological parent. As such, if you are a father and want the legal right to see your child, you must first establish custody.
How Is This Matter Handled?
Typically, there are two avenues to establish paternity. If both parents know they are the biological parents of a child, they can complete an Affidavit Acknowledging Paternity, which both parents will sign acknowledging the biological father, who will then be added to the child’s birth certificate.
If either party denies that the father is the child’s biological parent, an administrative order can occur in which DNA testing is conducted to determine if the man in question is the child’s father. Typically, these tests are conducted in a laboratory, as at-home testing can be unreliable. If the samples are a 95% match or higher, the man is determined to be the father.
As you can see, paternity can be an incredibly overwhelming process to navigate, which is why having an experienced attorney from the Stobie Family Law Group on your side is critical. Our team understands how nerve-wracking these matters can be, which is why we are here to guide you through this process while protecting your rights. When you need help, contact us to learn how we can assist you.