When a child is born to unmarried parents, establishing paternity is essential. Paternity determines who the child’s legal father is and can affect parenting plans, time-sharing, child support and the child’s relationship with both parents.
For mothers and fathers, understanding how paternity works can help protect everyone’s rights and provide children with the financial and emotional support they need and deserve.
What is paternity?
Paternity is the legal determination of the child’s father. When a child is born to married parents, the law typically recognizes the mother’s husband as the child’s legal father. When the parents are unmarried, paternity generally must be established before the biological father can also be named as the child’s legal father.
Establishing paternity is more than just adding the father’s name on a birth certificate. It creates a legal parent-child relationship that gives both parents important rights and responsibilities.
It also provides significant benefits to the child, such as:
- Financial support from both parents
- Health insurance benefits, if available
- Information about the father’s medical history
- Social Security or veteran’s benefits, if applicable
- Inheritance rights
Furthermore, establishing paternity gives a child a clearer understanding of their family history and identity.
Paternity also protects the rights of an unmarried father who wants to play an active role in his child’s life. Legal paternity provides the foundation for a father to seek a court order establishing time-sharing with his child. Even though paternity doesn’t automatically mean the father receives a particular amount of parenting time, it’s an important first step.
But parental rights come with parental responsibilities. Once paternity is established, the father may become legally responsible for providing child support to help pay for the child’s everyday needs, including housing, food, clothing, education and other needs.
Whether you are a mother seeking child support or a father who wants parental rights, understanding your legal options is crucial. A legal professional can explain how the law applies to your circumstances and help you take the appropriate steps to protect the interests of you and your child.