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Family
Law: Paternity |
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What Is
a Paternity Action?
A paternity action is a legal proceeding to decide who is the father of the child, when the child is not a child of a marriage.
Who May File a Paternity Action?
The mother, the father, the child, a next of friend for the child of a welfare department may file the action. Upon request of any of the above, the Prosecuting Attorney is required to file
the action and represent the interest of a child. The petition may be filed jointly by the mother and father, without the need of a final hearing. |
What Orders Are Entered in a Paternity Action?
In a paternity order the court is to enter orders on custody, visitation, support, funeral expenses, medical expenses and name changes, as appropriate. Support and medical expenses can be ordered from date of birth under certain circumstances, otherwise it is ordered from the date of petition. Essentially, a child in a paternity action is to be treated as a child of a marriage.
What if the Father Signs a "Paternity Affidavit" at Birth?
Within five days of the birth of a child, the mother and father can file a paternity affidavit with the local health department. Forms are available at the department. The
father's name will then be put on the birth certificate, but while this creates a presumption of paternity, it does not work to establish the legal father. A paternity action is still necessary to legally bind the
affidavit as father of the child.
What are the Time Limitations on filing a Paternity Action?
There are time limitations as to when the action must be filed. Generally the father or mother must file within two years of the date of birth; for the welfare department the time is extended to five years. The child or someone on his/her behalf has until the child is 20 years of age to file. If a father dies, a paternity action must be filed within five months of his death. Some circumstances can extend some of these limitations, such as the parents living together. Consult an attorney for advice concerning specific situations.
Is Blood Testing Normally Done?
Parties have a right to genetic blood testing (red cell antigen, HLA or DNA). These tests can generally be expected to exclude 99%
of wrongfully accused men.
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