Child support is a major bone of contention between the couples who have decided to end their marriage. It’s important to establish paternity in order to collect child support.
Paternity and child support are not HEBREW to the couples undergoing divorce process or turbulence in their marital life. However, many couples are little and not aware of the fact that they need to establish paternity before the court gives a verdict on child support. The issue of paternity boils down to the seemingly simple question “Who is the biological father of the child” but the answer is not as simple as you might be thinking.
Basics of Paternity
Proof of paternity is a legal procedure demanded by the court to find out who the biological father of the child is. Until paternity is determined by the court, the child’s father has no rights or responsibilities towards the child, which implies that the he has no right to child custody or visitation or pay child support. Either parent has right to ask the court for paternity establishment. The court can also order a paternity case on its own.
Acknowledgement of Paternity
A child born to a married couple automatically has a legal father. Unfortunately, it is not a case with a child not born out of wedlock. In order to establish paternity, the biological father must accept the fact in writing as a procedure of paternity acknowledgement, which is also known as an Affidavit of Parentage or both parents must agree to paternity. A father, who has acknowledged paternity in writing, is obliged to pay for child support.
Presumption of Paternity
Most states recognize the husband, if the couple was married when the child was born or conceived, as the biological father of the child. However, presumption of paternity is invalid in some states if the couple got separated when the child was conceived or born.
In most states, the man is allowed to file a request with the court to disprove paternity, a process called as ‘Rebuttal of Paternity’ in law jargon. Even an unmarried man, depending on his relationship status with the child, may be presumed as the father of the child if any of the followings holds true:
- The man in question, made an attempt to marry the child’s mother (even though the marriage was legally invalid) and the child was born or conceived before the marriage.
- The couple had their marriage legally registered after the child’s birth and the man agreed to put his name on the child’s birth certificate or pay for the child’s financial support.
- The man willingly welcomed the child to his residence and openly considered the child as his own.
It is not easy to rebut presumed paternity. Furthermore, the process also takes time. Therefore, it is essential for a presumed father to meet a highly experienced Charlotte family law attorney to learn whether or not the presumption is correct. If you fail to file a timely legal request for rebuttal of paternity, the court may order you to bear child support expenses even when you are not his/her biological father.
