Some couples don’t have to worry about paternity. Marriage leads to a presumption of paternity when a woman has a child. The hospital automatically includes the husband’s name as the father of the child on the birth certificate in most cases.
When unmarried couples have children, there is no presumption of paternity. Instead, they either need to cooperate with one another or ask for the support of the family courts to establish paternity.
There are numerous benefits associated with establishing paternity. What are the positive consequences of legally establishing paternity?
Limiting custody disputes
It is common for parents to disagree about the appropriate allocation of parenting time and authority when they end their relationship with one another. In scenarios where the parents didn’t marry before having a child, the father may feel like he has few options.
If he establishes paternity, he can ask the family courts for support in scenarios where the mother does not voluntarily let him have time with his children and to have a say in their upbringing. There may be less reason for contention when a man has legally validated his connection to his child.
Ensuring paternal rights
A man who has not established paternity cannot technically ask the state for support if the mother denies his parental rights. Instead, he may have to ask the courts to intervene by helping him to establish paternity. The decision to establish paternity as soon as possible after the birth of a child helps protect a father’s right to see his child regardless of what happens between him and the mother.
Creating a basis for support
When mothers are the primary caregivers for minor children, they may rely on child support to cover basic family expenses. Typically, the state does not order child support without proof of paternity.
Child support is a standard consideration when parents divorce. Unmarried mothers may have a harder time obtaining support unless they ask the state to first acknowledge the paternity of a child’s father.
Either parent has the option of requesting support from the family courts when seeking to establish paternity. Parents also typically have the option of cooperating with one another. Understanding the benefits of legally establishing paternity can help people find the will to cooperate with a former romantic partner or the courage to go to court. The state generally has to acknowledge a parent for them to have any rights or responsibilities related to their child.