Paternity Cases

When a child is born to unmarried parents, the mother has sole legal custody and primary placement unless and until a court orders otherwise.  Being named on a birth certificate does not provide a father with any legal rights to custody and placement of the child.   This is why starting a paternity action through the court is extremely important for unmarried fathers.  Living together or being in a committed relationship with the mother does not automatically provide you with any parental rights.  A Judgment of Paternity will determine who is the child's legal father, which carries many of the same obligations and rights of custody, placement and support for the child as if the parties were married and divorcing. 

Sometimes when a mother receives state benefits, the Child Support Agency in her county will start an action of paternity to establish paternity and a child support award for the child.  Ignoring this proceeding, or failing to request genetic testing to confirm paternity, will likely result in a Judgment of Paternity naming the man as the father and ordering him to be responsible for child support until the child reaches majority.  Attempting to re-open this determination after the fact is extremely difficult, and the Court has the power to deny genetic testing if it will not be in the child's best interests.  Therefore, it is of utmost importance to respond to any legal pleadings attempting to name you as the father of a child.  We can help you explore all of your legal options, and analyze how best to obtain parental rights to your child, or challenge allegations of paternity.