When a child is born to unmarried parents, legal fatherhood isn’t automatically determined. Even if there is a biological connection, legal paternity is what gives a father enforceable rights and responsibilities.
Establishing paternity can have a lasting impact on everyone because it affects custody, parenting time, child support and a child’s sense of identity. Therefore, it’s essential to understand how paternity works.
What does “establishing paternity” mean?
Establishing paternity means legally recognizing a man as a child’s father. Once paternity is established, the father has the right to seek custody or parenting time, and the child gains important legal benefits.
Without legal paternity:
- A father has no right to custody or visitation
- A mother can’t obtain a child support order from the father
- The child could lose access to any financial or legal benefits that are tied to the father
There are two primary ways to establish paternity:
- Both parents voluntarily sign a Certificate of Parentage either at the hospital or through New Jersey’s Vital Statistics office
- If there is a disagreement, either parent can file a complaint, at which point the court may order genetic testing to determine biological fatherhood. If the test confirms paternity, the court will issue an order regarding the father’s legal status.
In addition to ensuring the child receives financial support from both parents, legal paternity also offers other benefits. The child may qualify for social security and veterans’ benefits. It also gives the child inheritance rights.
Knowing both biological parents can provide important medical history information that could affect a child’s health decisions. It also provides the emotional and psychological benefits that come with identity and family connections.
Once legal paternity has been established, reversing it can be difficult. There are strict time limits for doing so. If you have questions about establishing or challenging paternity, you need to speak with a legal representative who can help you understand your options and rights.