Establishing Paternity (Parentage)
Parents who are married have the benefit of being presumed the legal parents of a child born during their marriage, and, as a result, will not usually need to “establish” paternity/parentage, even if they divorce. An unwed mother, if she gave birth to the child, easily establishes her parentage of the child in the eyes of the law. The unwed father’s parentage is not necessarily as easy to establish. The mechanism for establishing legal rights to a child (including custody, parenting time, and child support among other things) is through a parentage action—or filing to establish paternity. According to the CDC, approximately 40% of all births in the United States are to unmarried parents. As a result, a significant number of family law cases are now paternity cases.
A paternity case is used to establish that someone is the “legal” father of a child. Doing so means that orders can be entered regarding custody and parenting time, child support, as well as other matters affecting the child.
At Whitsitt Fields, we have abundant experience with all aspects of paternity cases, so we can provide our clients with practical advice, clear communication, and strong advocacy that keeps its focus on what is truly in the best interests of the child.
What Is a Parentage, or Paternity, Case?
A parentage case is simply a proceeding in court used to determine who a minor child’s legal parents are, and what responsibilities those parents therefore have to the child. The most common parentage act is a paternity action, or a proceeding to establish the father’s legal status in relation to a child. It is a common misconception that having a father’s name listed on a child’s birth certificate is the same as establishing that father as the legal father of the child. While understandable, the reality is that (particularly when parents are not married) a father’s name listed on a child’s birth certificate is not sufficient evidence to support a presumption of paternity.
Why Establishing Paternity Matters
Unwed fathers must establish paternity for their minor child before they may obtain legal custodial rights and enforceable parenting time with their child, or to participate in the major decisions that affect the child. Often, unwed fathers don’t realize how precarious their rights are with respect to their children until things have fallen apart. For instance, a mother may suddenly deny the father access to the child, leaving the father without the ability to legally compel her to grant him access to his child.
For unwed mothers, establishing paternity is generally the procedure necessary to establish child support. It is also necessary for establishing parenting plans that will similarly help stabilize the family, particularly if the parents are no longer together. The uncertainty that arises for both parents when they are no longer together can be overwhelming.
Establishing the paternity of a child offers the child numerous benefits through the father: child support, inheritance rights, and the right to benefits such as social security and disability. Knowledge of the child’s paternity may also be important for medical reasons because of genetic diseases or risk factors such as strokes, heart attacks, cancer, or hypertension. Studies have also shown that it is psychologically and sociologically important for children to have paternity established.
How Paternity Is Established
Paternity cases can arise in several different ways, including:
- A parent filing a petition to establish paternity
- A request for child support through a state agency
- Disputes regarding custody or parenting time
- Questions regarding whether someone is the child’s biological father
In some cases, the parties agree about parentage and simply need formal court orders establishing custody and support. In others, paternity itself is contested and genetic testing may be required.
Our Approach
Paternity cases are often emotionally complex and highly personal. We work to help clients understand their rights, evaluate practical solutions, and pursue outcomes that protect both their relationship with their child and their long-term interests.
We assist clients with:
- Filing or responding to paternity actions
- Negotiating parenting plans
- Establishing child support
- Genetic testing issues
- Modifications of custody or support
- Enforcement of existing court orders
- Litigation when disputes cannot be resolved outside of court
Speak With an Attorney
If you are involved in a paternity matter in Kansas or Missouri, we can help you understand your options and take the next steps with confidence. Contact Whitsitt Fields today to schedule a consultation.