Establishing paternity is important for unmarried parents to secure the father’s rights and for the child to receive legal benefits. A paternity affidavit form is completed at the hospital or a local health department and requires information about the mother, father, and child. The affidavit can be challenged within a time frame, and genetic testing may be ordered. The mother usually retains custody, and the father has a legal obligation to support the child.
If the parents are married at the time of the birth of a child, the husband is usually legally recognized as the child’s father. In cases involving unmarried parents, however, paternity usually has to be formally acknowledged to secure the father’s rights. This can be done by filing a paternity case or by filing a paternity affidavit with the appropriate government office. A paternity affidavit is a document that provides parents with a way to formally acknowledge a child’s father. A child can receive a number of legal benefits from establishing paternity, such as probate rights from the father, as well as government, medical, and life insurance benefits.
A paternity affidavit form is usually completed at the hospital after the baby is born, although it can also be completed at a local health department. While paternity affidavits vary from one jurisdiction to another, most require information about the mother, father, and child. Usually, both parents are required to sign and notarize the document. By signing the document, the parties agree that the statements made are true. Once completed, the form is often forwarded to a paternity registry.
The paternity affidavit itself is usually straightforward. Most include an affidavit from the mother that the man is the father of the baby and an affidavit from the man indicating that she believes he is the father. If the mother is married to someone else, the husband is normally required to sign the form and accept these statements. Forms often include information about the impact of signing the affidavit and child support review services.
In most jurisdictions, there is a time frame, such as 60 days, to challenge a paternity affidavit that has been filed. Anyone who has the right to oppose the affidavit can do so by presenting a paternity petition. After the case is dismissed, a court usually orders genetic testing for the purpose of determining whether the man is the biological father of the child. A court typically voids the affidavit if evidence shows that the man is not the father.
If the child’s parents are not married, the mother usually retains custody of the child even if the father has signed an affidavit of paternity. A court order is usually required to change custody status. Once the affidavit is signed, assuming it is not contested, the father has a legal obligation to support the child. If not, a court may order him to pay child support to the mother.
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