Paternity

A man who fathers a child by a woman to whom he is not married generally can acknowledge his paternity by signing the child’s birth certificate or another document soon after the child’s birth in accordance with the laws of the state.

If a man does not admit that a child is his, a woman can file suit against him to prove that he is the father and to obtain child support. Support for a child born out of wedlock is established using the same support guidelines for a child whose parents are obtaining a divorce. (Child support is discussed in chapter 12.) In many states, fathers of children born out of wedlock also may be obliged to help pay the mother’s medical expenses associated with the pregnancy and delivery.

Sometimes a child is born during a marriage, but a man who is not the woman’s husband wants to claim paternity of the child. State laws vary regarding whether the “outsider” can file a legal action to compel testing to establish biological paternity and parental rights. Paternity cases usually involve use of scientific evidence. DNA testing from swabs of tissue from the mouth or from a blood sample can prove to near certainty that a man is or is not the father of a child.

As with a child born to married parents, the obligation of support usually lasts until the child reaches age 18 or graduates from high school (or through college in some states). If a father refuses to support his child, a court may garnish his wages, seize his property or bank accounts, and even send him to jail. The court that establishes paternity also may determine the father’s rights to visitation, parenting time and custody.