You
are unmarried man and a woman just gave birth to a child that she says is
yours. The mother and the hospital staff
are asking you to sign something called a Voluntary Declaration of Paternity at
the hospital. What should you do?
When
both unmarried parents sign a Declaration of Paternity, it means they are the
legal parents of the child. You have the choice of whether or not to sign the Declaration
of Paternity, but once you do, you are recognized as the legal parent. When
parents are married, paternity is automatically established in most cases. If
parents are unmarried, paternity establishment is not automatic and the process
should be started by both parents as soon as possible for the benefit of the
child.
If
you sign the declaration at the hospital, your name will go on the child's
birth certificate, and the mother does not need to go to court to prove that
you are the father of the child. If they
sign the declaration after the child's birth certificate has been issued, a new
birth certificate can be issued with the father's name.
After
a signed Declaration of Paternity is filed with the court, the judge can make
orders for child custody, visitation, and child support. Unmarried parents who sign the
Declaration of Paternity form help their child(ren) gain the same rights and
privileges of a child born within a marriage. Some of those rights include:
financial support from both parents, access to important family medical
records, access to the non-custodial parent's medical benefits, and the
emotional benefit of knowing who both parents are.
Caution!
Once paternity or parentage is established, it can be difficult or impossible
to undo-even if blood tests later show that you are not the father of the
child.
After
parentage is established, you, along with the child’s mother have the
responsibility to support the child. You
will be afforded benefits in the right to request custody or visitation with
the child.
The signing of a Voluntary Declaration of Paternity
can have long term implications in your life.
Before you sign one, consult with a lawyer to protect your rights. Dishon & Block’s team of Family Law Attorneys can assist with all aspects of paternity, child
custody and visitation
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