THE FATHER'S NAME IS ON THE BIRTH CERTIFICATE, DOES THAT MEAN HE IS LEGALLY THE FATHER OF THE CHILD?

NO!!  All it means is that the mother indicated that this person is the father of the child.  In order to be adjudicated the father,  one of these events must take place:

   1.  There is a presumption that a child born during the marriage that the husband  is  presumed to be the father.  Normally, the husband has two years from the date the child is born to contest the presumption that he is the father.  There are some other exceptions to this rule including when the father dies prior to the birth of the child.  

    2.  When a  child is born out of wedlock, there is no presumption that any male is the father.  Even if you have been living together and not having a relationship with anyone but the person you believe is the father, he is still NOT legally the father!     The only way for the legal system to recognize who the father is, is to have that person whom you believe is the father, admit that he is the father is by his voluntarily signing an "Admission of Paternity" or to have the court adjudicate that he is (usually paternity testing is required).

WHO SHOULD BRING AN PATERNITY ACTION?

Paternity actions can be brought by either the MOTHER or the person who believes he is the biological FATHER.   If you are the mother and want to establish that a certain person is the father, then you can bring an action before the court.

There are many good reasons to file an action even if child support, custody and visitation are not issues.  In case something happens to either the father or the mother,  it avoids possible legal problems with the grandparents,  and it establishes certain rights of the child for SSI or other death benefits the child may  be entitled to. 

WHAT IS IT THE MOST COMMON REASON FOR FILING A PATERNITY ACTION.

The FOUR  most common reasons are:

1.   Collection of Child Support.  

2.   The Department of Child Support Services is bringing an action against the father since the mother is receiving public assistance.

3.  Custody and visitation problems and  to establish the right to have either custody or visitation with the child(ren).

4.  The Father is being denied reasonable visitation with the child.    (i.e. a father might want to file an action if the mother is married to someone else and wants to establish his parental rights, which include the right to have contact with the child(ren) and to be a part of the child's life).

Again, if both the mother and father agree that they are the biological parents then all is needed is an "Admission of Paternity".  The court can then enter a judgment of paternity.

I think I’m the father of the child,  but I don’t know for sure,  what should I do?

If you do not believe you are the father of the child, or you have ANY doubt even so slight,  you should ALWAYS get a paternity test.    It is extremely difficult to get the court to change an order after you admit paternity.   Child support lasts until the child is 18 years unless a full-time high school student, until 19 years old.    Many times a test will come back indicating that the person is not the father and the results were very clear that it would have been impossible for the accused person to be the father of the child.   In my opinion, the test is well worth the cost to know for sure.   I have had cases where a father comes to me when the mother finally tells him after ten years that he is not real father.   Just think about how it must feel being part of the child's life for all of those years, dealing with the court, and on top of it, paying child support only to learn the child is not yours.    It can be crushing to you and the child.  Even if you wanted to stop paying the support, you are still required to do so.  So, unless you are 100% sure, before signing any paternity admission,  get the DNA test first!     Not too many years ago blood tests were common,  however, since DNA testing is extremely accurate, there is no reason not to be tested if you are not 100% sure.

DOES THE LAW OFFICE OF DAVID A. CASEY HANDLE PATERNITY CASES?

YES! My office has represented many mothers and fathers on these issues.   Retainers vary based on how complex the case will be and what the client is trying to achieve. If the Father is requesting custody of the child, the retainer is usually higher than just wanting to establish the paternity.  To give you some idea of the retainer,   a DCSS paternity action/child support case is normally  about $1,200.00.   If custody and visitation is an issue also, the retainer is normally around $1,800.00.   In order to determine a more accurate amount for a retainer based upon your specific circumstances, then you need to call for a consultation. 

    In addition to handling these cases,  you may also want to set up a trust in case of your death.   It would be beneficial to your child(dren) to get a will to ensure that they receive what they are entitled to.   My office can prepare a will for under $100.00 depending on the complexity and nature of the will.  At that price, there is no reason not to have one.

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