Paternity

Unmarried Parents normally are left with the same custody, visitation, and child support issues as married couples when dealing with their child.  How are they going to share the time with their child?  What rights does each parent have with the Child?

Fathers are sometimes denied their custodial rights and not recognized by the mother as the biological parent of the child.  Other situations lend the reverse where a man is erroneously alleged to be the father of a child and pursued for child support.  In such a situation, an action may be filed for paternity.  Certain presumptions come into play depending on whether a voluntary declaration of paternity was signed by the father or if the mother was married to another man at the time the child was conceived.

Once Paternity is established, then the same issues of who is going to have legal and physical custody will be determined by the Court.  The party that does not have primary physical custody may end up with visitation.  The Court will also determine the amount of child support to be set in the case.

 Just like in a divorce, nullity, or legal separation, the parties to a paternity case may obtain temporary custody, visitation and support orders.  They may also participate in conciliation court to try to resolve the issues by agreement.  They may also participate in mediation to attempt to resolve the case through settlement and stipulated paternity judgment.  If all else fail, the parties may set the case for trial.