West Virginia Acknowledgment of Paternity with Declaration that Child Shall Share in Father's Estate

State:
Multi-State
Control #:
US-01447BG
Format:
Word; 
Rich Text
Instant download

Description

The act by which illegitimate children are given the same legal standing of legitimate children is a matter of local legislation, and therefore depends on the law of each particular jurisdiction. Although some statutes provide for the legitimation of children by conduct amounting to recognition, other statutes require that the recognition of an illegitimate child be in writing. Note that this form is an acknowledgment and not an affidavit.

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FAQ

Statute of Limitations The time to commence a paternity proceeding under Article 5 of the Family Court Act is any time during the pregnancy of the mother, or after the child is born, but not after twenty one years, unless paternity is somehow acknowledged by the father, or he paid support.

Within sixty days after the signing of the Acknowledgment of Paternity either party may file a petition in a New York Family Court to vacate the acknowledgement.

The way that you will establish paternity will depend on your circumstances. The easiest way to obtain paternity is to have your name put on the child's birth certificate once the child is born. You can also get a court order or have an administrative agency do this for you.

Unmarried parents can sign a form called the Voluntary Acknowledgment of Paternity (AOP) prior to discharge from the hospital. This is a no cost at the hospital. Unmarried parents are provided a simple and convenient method in Virginia to place the father's name on the child's birth certificate.

An Acknowledgment of Paternity is a legal document that establishes a man as the legal father of a child when he is not married to the child's mother. The child's mother and father must sign the document voluntarily, which signifies that they agree on the biological father's identity.

Once paternity is established, legal fathers have the right to have a relationship with and visit the child as the father and mother agree. If the parents can't agree, they can ask the Family Court to determine visitation and custody. The court will then decide this issue, considering the best interests of the child.

If you have signed an Acknowledgement of Paternity and believe it was a mistake, you must file a petition within 60 days of the date it was signed to ask the Court to vacate the Acknowledgement.

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.

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West Virginia Acknowledgment of Paternity with Declaration that Child Shall Share in Father's Estate