3 Types of Legal Paternity Situations
While it may seem straightforward, determining paternity isn’t as simple as you might think it is. There are a variety of legal rules that can apply depending on the specific circumstances. From agreed upon paternity to paternity disagreements and being a stepfather, each case has its own technicalities.
Paternity That’s Agreed Upon
There are a variety of cases where paternity is agreed upon by both parents. An acknowledged father and a presumed father are two examples of this.
An acknowledged father is the child’s biological father when the child’s parents aren’t married. Paternity is established because the father admits to being the father or because the parents agree on paternity. Acknowledged fathers are required to pay child support.
A presumed father is a bit different. A person is presumed to be the child’s father so long as certain criteria are met. For example, paternity is presumed when the man was married to the child’s father when the child was either conceived or born.
Paternity Actions
If the child’s parents cannot agree on paternity and there is a paternity dispute, a paternity action may be required. This means that a suit will be filed with a court in order to determine if the man is the child’s father and to name him as such. Paternity actions are also called filiation hearings, parentage actions and establishment hearings. DNA and blood tests are used to confirm whether or not the man is the child’s father. If it’s determined that the man is the father, the court will require that he pay child support. Visitation rights and custody will also be discussed.
The Role of a Stepfather
If the child’s legal mother is married to someone other than the child’s biological father, this person is known as the stepfather. The stepfather is never obligated to provide financial support for the mother or the child. However, if he decided to officially adopt the children, then he would be required to provide support.
