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Establishing paternity provides important benefits to the child, including the right to claim VA benefits, social security, inheritances, life insurance, and medical insurance coverage. It also can help the child form an emotional bond with both parents and lets both parents share in the life of the child.
Get on the birth certificate. Once your child is born, the easiest way to establish paternity is by getting your name on the birth certificate. Get an order through an administrative agency. Get a court order.
In flat-rate states, even in a 50/50 child custody arrangement, one parent is designated the residential or primary custodial parent for child support purposes and the other parent is paying a percentage of their income in accordance with the law regardless.
In general, a child cannot legally decide which parent to live with unless they are emancipated or reach the age of majority. However, let us assume that parties in a divorce are dealing with a custody and parenting time dispute related to a 16-year old child.
Fathers who were not married when their child was born must legally establish paternity in order to gain access to father's rights.Once paternity is established, a father may pursue child visitation or other custody rights.
After paternity is legally established, barring additional legal action on the part of the father, the mother still retains sole legal and physical custody of a child. A father who wishes to gain child custody must ask the court for an order. Paternity isn't a guarantee that child custody will be granted.
If you would like to formally establish paternity, you should begin by asking the father of your child to voluntarily acknowledge paternity.The birth father can voluntarily acknowledge paternity in two ways: He can be present at the birth of your child and sign a Declaration of Paternity.
A DNA or blood test will be had at the request of the judge or one of the parties to the case. If you take a test and it comes back positive then you are the adjudicated father of the child. You can even become an adjudicated father if you do not attend the hearing.
When the father and mother agree that the child is his, paternity may be legally established by completing a Voluntary Acknowledgment of Paternity ». The form must be signed by both parents, notarized, and filed with Oregon Vital Records. Your local child support office can help complete this process.