Full question:
I am considering starting a paternity action but am not sure if I should. My daughter is six, has always lived with me, and I have always provided for her. I am not interested in support only concerned there is nothing legally established. Doing such would make her dad upset and I am sure he would fight it to some extent. I love the arrangement now is there any major benefits to having legal full custody?
- Category: Paternity
- Date:
- State: California
Answer:
The decision to start a paternity action depends on potential future changes in circumstances, which can be unpredictable. Consider whether the father might seek custody or visitation rights. If your financial situation changes, establishing paternity can be important for enforcing child support obligations. Additionally, having legal paternity may affect issues like medical insurance.
Children born to unmarried parents do not automatically have a legal father unless a paternity action is initiated. Some states allow paternity to be established through an acknowledgment form without a court action. Unmarried fathers have similar rights and duties to married fathers. It's advisable for couples living together but not married to ensure both are recognized as legal parents. Both parents can be listed on the birth certificate, and a father can be added later by contacting the state Bureau of Vital Statistics.
A paternity action is typically a civil lawsuit, and only certain parties can initiate it, including the mother, the alleged father, or the child. In many states, a child can seek paternity establishment until one to five years after reaching the age of majority.
A court will not automatically order paternity tests upon filing a paternity action; it will assess the petition first. If ordered, the mother, child, and alleged father must undergo testing. Once paternity is established, the father can seek custody or visitation, but many states presume the mother has custody until a court order states otherwise.
Unmarried parents without custody have similar visitation rights to divorced parents, barring extraordinary circumstances. Judges may consider factors like breastfeeding when determining visitation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
