West Virginia Affidavit of Paternity by Father of Child

State:
Multi-State
Control #:
US-01351BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic affidavit that may be referred to when preparing an affidavit of a putative father of a child as to the identity of the natural father of the child.

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FAQ

Amendments are changes to the information itself. Examples are adding fathers, changing the legal last name, etc. To request a correction or amendment, go to the Corrections and Amendment Forms? page, locate the correct form, and submit it to the Vital Registration Office. Please note fee change effective July 1, 2023.

Under the new WV custody law, both types of custodial rights shall be shared equally between the parents unless the parents agree otherwise or the court finds such shared custody is not in the best interests of the child.

Under the law of the state of Virginia, the court gives no legal right to the father of a child such as custody and visitation if the father was never married to the mother of the child. The father must obtain a court order for him to be able to file for custody or to be granted visitations with a child.

In West Virginia, paternity is what gives a father the right to request custody and visitation with his child. And once paternity is established, the father is legally obligated to provide financial support to his child.

West Virginia law provides that the name of the father shall be included on the birth record of the child of unmarried parents only if: an affidavit of paternity signed before a notary by the mother and the person to be named as the father, or. a court or competent jurisdiction has issued an adjudication of paternity.

Unmarried Mother's Parental Rights in West Virginia If the parents are not married, the mother is usually given the primary custody rights automatically. This means the mother has complete authority to make minor and major decisions regarding the welfare of the child.

Unwed Father ? An unwed father is an unmarried man who has a child with a woman. The unwed father must pay child support if a court finds that he is the biological or acknowledged father. An unwed father who pays child support may also have visitation rights with the child and can seek custody of the child.

This legal document, called a Declaration of Paternity Affidavit, may be obtained and completed at the hospital at the time of the child's birth. Also, you can get a copy of this form by calling the West Virginia Office of Vital Statistics at 304-558-2931.

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West Virginia Affidavit of Paternity by Father of Child