In the intricate landscape of family law, fathers’ rights often require a dedicated and knowledgeable advocate. At JC Law, we firmly believe that no father should ever be forced to surrender their legal rights to fair custody, visitation, and support of their children! We stand as champions for fathers navigating complicated paternity laws and strive to counter any implicit bias within the family court system, ensuring your rights as your child’s father are protected.
What Is Paternity, And Why Should You Establish It?
Establishing paternity is a crucial step for unmarried fathers. It’s more than just a legal formality; it’s about solidifying your relationship with your child and ensuring their well-being.
“Establishing legal paternity ensures and protects your relationship with your child.”
When you establish your child’s paternity, there are multiple benefits. Children need emotional support and guidance from both of their parents. Additionally, a paternity claim might give your child:
- The right to child support
- Eligibility for state and federal benefits, including Social Security and VA benefits
- Employment-based health insurance benefits
- Inheritance rights
- Eligibility for life insurance benefits
- Information about his or her family medical history
- A stronger sense of identity and security
Further, a paternity claim allows you to assert your rights as a father, including child custody and visitation. These rights allow you to:
- Spend time with your child
- Make important decisions – including medical care, education, and religion – for your child
- Access your child’s school and medical information
- Object to the legal adoption of your child, if necessary
How Can I Establish Paternity?
Paternity laws can vary significantly between states, adding complexity to the process. However, after nearly 34 years, JC Law has extensive experience in guiding fathers through various paternity situations in Maryland (MD), Virginia (VA), Pennsylvania (PA), and Washington, D.C. (DC).
Married Couples and Paternity
In many states, during a marriage, a woman’s husband is presumed to be the father of her children. But not all. However, sometimes paternity becomes an issue during a divorce or because of infidelity. In these cases, a JC Law family lawyer who understands paternity law can help either dispute or establish paternity rights.
It’s important to consider that paternity laws often predate same-sex marriage and primarily address husband-and-wife relationships. If you are an LGBT couple, it’s crucial to legally establish your parental rights. Our family lawyers can guide you through this process, which might involve a second-parent adoption.
Unmarried Couples and Paternity
Unlike parents who were legally married at the time of their child’s birth, an unmarried father does not automatically gain parental rights. Instead, you must take specific steps to establish paternity:
- Sign and file an Affidavit of Parenthood.
- Marry your partner after the child’s birth and acknowledge your paternity either orally or in writing; or
- Undergo a DNA test that establishes your paternity and get a court order.
The Child Support Administration may become involved in paternity cases involving unmarried partners. If the mother identifies you as the father, the Child Support Administration can file a complaint against you and get a court order requiring genetic testing.
Before legally acknowledging paternity, consulting with a paternity lawyer is crucial. Once you establish paternity, you become legally responsible for the child’s care and welfare.
If you have been served with a Child Support Administration complaint, contact a paternity lawyer immediately. Without assistance from an experienced attorney, you might make costly mistakes and face civil or criminal penalties.
Establishing Paternity: A Comparative Overview
| Method | Description | Considerations |
|---|---|---|
| Affidavit of Parentage | A legal document signed by both parents acknowledging paternity. | Must be voluntary and informed. Can be rescinded within a certain timeframe. |
| Marriage to the Mother | Marrying the child’s mother automatically establishes paternity in most states. | Requires a valid marriage. |
| Genetic Testing (DNA test) | Scientific testing to determine biological parentage. | Provides definitive proof. Court order may be required. |
| Court Order | A judge’s declaration of paternity based on presented evidence. | Required when paternity is disputed or other methods are not feasible. |
What Father’s Rights Are Available Once I Establish Legal Paternity?
While subtle bias can impact a judge’s decision, the law should not discriminate against a parent based on his or her gender. A father has the right to:
- “Legal” custody, which is the legal right to participate in important life decisions concerning your child including medical, religious, and academic issues
- “Physical” custody and visitation, which is the legal right to spend time with your child
- Child support, if you have sole or primary physical custody of your child
- Information about your child’s health, education, and welfare. Both federal and state laws protect your right to important information about your child
During a relationship, these rights are rarely questioned. However, during and after a breakup, fathers frequently must fight for their parental rights. In these situations, a family lawyer experienced in fathers’ rights can help you protect your and your child’s interests.
As My Child’s Father, Do I Always Have to Pay Child Support?
As a parent, you have a legal duty to support your child. When a parent has physical custody of a child, the other parent must pay child support, regardless of their gender.
That means if you have sole physical custody of your child, then your ex must pay you child support, even if they’re the mother. In Maryland, there are child support guidelines that apply in most cases. The state guidelines consider a series of factors involving you and your ex’s income and your child’s needs.
If your circumstances change due to a job loss, disability, or other factors, you can also ask the court to modify your child support order.
A family lawyer who understands fathers’ rights can help make sure the child support order is correct for your family’s situation, no matter who’s paying what.
My Ex Has Threatened To File Domestic Violence Charges Against Me. How Can I Keep My Father’s Rights?
At JC Law, we understand how frustrating breakups, custody disputes, and child support issues can be. No one is perfect. However, it’s in your best interests to remain civil during a family law dispute. Domestic violence can negatively impact your right to custody and visitation. And, you might face serious criminal charges.
If you were involved in a domestic violence incident, contact us immediately. We can help you defend yourself against criminal charges, protect your father’s rights, and file any necessary protective orders on your behalf.
What Happens If Someone Disputes Paternity?
Sometimes, there are questions about your child’s paternity. In these cases, you should never sign an Affidavit of Parenthood until a genetic test confirms your biological connection to the child.
However, if you discover information that puts your paternity in question later on, you should contact a JC Law family lawyer immediately.
For example, if you incorrectly signed an Affidavit of Parenthood based on your partner’s misrepresentations—as in, she claimed you were the father of your child, and it came to light later that you were not the biological parent—then you are a victim of paternity fraud.
While many states do not impose criminal or civil penalties for paternity fraud, you can ask the court to stop your obligation to pay child support.
Whatever the circumstances of a disputed paternity, your lawyer might:
- Rescind or cancel your Affidavit of Parenthood if it was signed within the last 60 days; or
- File a petition with the courts, asking them to rescind your Affidavit of Parenthood, discontinue child support, and/or disestablish paternity.
You must act quickly. Courts are highly skeptical of petitions that are filed years after a child’s birth. In these circumstances, you’ll typically have to show there was fraud, duress, or a significant mistake of fact.
FAQs
- Q: How long does it take to establish paternity?
- A: The timeframe can vary depending on the method used (Affidavit, DNA test, court order) and the complexity of the case. It could range from a few weeks to several months.
- Q: Can I be forced to take a DNA test?
- A: Yes, a court can order you to take a DNA test if there is a legitimate question regarding paternity.
- Q: What if I signed an Affidavit of Parentage but later found out I’m not the father?
- A: You should contact a family law attorney immediately. Depending on the circumstances and the time that has passed, you may be able to rescind the Affidavit.
- Q: Can I get visitation if I haven’t established paternity?
- A: Generally, no. Establishing paternity is a prerequisite to obtaining visitation rights.
JC Law: Your Advocate for Father’s Rights
At JC Law, James E. Crawford, Jr. and his team are dedicated to providing comprehensive and compassionate legal representation for fathers in MD, VA, PA, and DC. We understand the challenges fathers face and are committed to protecting your rights and ensuring the best possible outcome for you and your children. Contact us today for a consultation.