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A paternity petition is a request for a court to identify the biological father of a child, filed by the mother for child support or by the father for visitation or custody. Forms vary by region and may require personal information, and a fee may be required. The suit is filed with the local court and a summons is sent to the defendant, with a trial date set at least 30 days from filing. DNA testing may be requested, and if paternity is established, the father may have rights and responsibilities towards the child.
A paternity petition is a request for a family law court to try to identify the biological father of a child. This may be filed by the mother to establish child support guidelines, or it may be filed by the father to obtain visitation or custody rights. In some regions, it can also be presented by childcare agencies. The procedure for filing a paternity claim can vary from region to region based on jurisdiction.
Filing a paternity petition usually involves filling out a standard form requesting prosecution. The form may vary from region to region, but typically requires some personal information. The petitioner should seek to have the current address and identification number, such as social security number, of all parties involved. Other questions may include why the petitioner is applying, whether action was taken to establish paternity earlier, such as through a notarized claim or paying child support, and information about the child’s birth. While these forms can be completed by a legal representative, most regions also allow applicants to complete the form themselves.
There may be a fee to petition for paternity in some regions. This fee is typically due at the time of submission. In some cases, the fee may be waived if evidence of little or no income is available. If a person is working with a pro bono or low-cost attorney through a legal aid program, fees can be provided.
The paternity suit is usually filed with the local court in the region that has jurisdiction over the case. Ideally, this should be the area where both the petitioner and the defendant reside, but typically it can simply be the area where the petitioner lives. Documents typically need to be filed in person with the court.
If the paternity claim is granted by the court, a summons is sent to the defendant informing him of the date, time and nature of the trial. Usually, this is at least 30 days from the time of filing, to allow both parties to prepare any legal documents or evidence to take to court. Many legal experts recommend hiring an attorney to help with preparation and even representation in court. If a defendant chooses to ignore the subpoena, the presiding judge can enter a default judgment without hearing any evidence from the defendant.
The court can examine all the evidence relating to the case and ask questions of all parties involved. It is not uncommon to request DNA testing to clearly establish paternity. If a DNA test returns a 99% positive result for paternity, this will generally satisfy the court. If paternity is established, the established father will usually have rights and responsibilities towards the biological child. This may mean that he has a visitation or custody case, but it may also mean that he has to pay child support, including any past due payments.
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