Paternity

Paternity is established in one of two ways – by signing a paternity affidavit, or by asking the Court to legally establish paternity. When a child is born to parents who are not married, the hospital is required to provide an opportunity for the parents to execute a paternity affidavit. This happens shortly before or after the child is born. If the Father isn’t present for the child’s birth, or does not sign the paternity affidavit at that time, the paternity affidavit can be executed at a local health department. This affidavit allows the parents to decide whether they are going to share joint legal custody of the child. If no decision is made, the assumption is that the child’s Mother has sole legal custody. 

Alternatively, a mother or father of a child may petition the court to establish legal paternity. The court will order the other parent into court. If the Father contests paternity, he can ask for genetic testing. This process is typically handled by the local prosecutor's office, but parents can also hire an attorney to represent them. If you are interested in filing or contesting a paternity case, please contact our office for a complimentary consultation.