Paternity Lawyers – Valparaiso, IN.

Paternity provides certain legal rights to the father of the child such as parenting time, custody, and support. By establishing paternity, the father becomes able to exercise his legal rights to support the development of his child.  You should not have to struggle to understand your legal situation or to understand your best plan of action, especially when so much is at stake. By putting your case in the hands of the experienced paternity lawyers at Cioe & Wagenblast PC, you will enjoy peace of mind and your case will proceed with greater ease.

What Is Paternity?

Paternity is the legal process of establishing the father of a child. By establishing paternity, fathers have all the same parental rights and obligations as the mother, including the right to request custody and parenting time. Even if parents are living together, it is important to establish paternity. In the event that their relationship deteriorates, the parties will have established certain rights and responsibilities for the child. In addition, legal paternity establishes rights to social security, inheritance, retirement benefits & healthcare insurance benefits.

A man is presumed to be a child’s biological father if:

• The child was born during a marriage between the man and the child’s biological mother, or is no later than 300 days after the marriage’s termination by death, annulment, or dissolution
• The man and the child’s biological mother attempted to marry but the marriage was void or voidable, and the child was born during the attempted marriage or no later than 300 days after its termination by death or dissolution
• The man undergoes a genetic test that indicates with at least a 99% probability that the man is the child’s biological father.

Paternity is legally established through a paternity affidavit or by filing in court to establish paternity. Once paternity is established or acknowledged, a father is considered to be the birth parent. With paternity comes rights & responsibilities, including being subject to a child support order.

The Paternity Affidavit

Both the mother & father must sign a paternity affidavit. The paternity affidavit can be executed within 72 hours of the child’s birth or at the local health department in the jurisdiction where the child was born any time before the child has reached the age of emancipation. It is important to note that if a man has signed a paternity affidavit and then wants genetic testing, he must request it within 60 days of the date he signed the paternity affidavit.

If there is any doubt about paternity, a man should not sign the paternity affidavit and should complete a DNA test instead. After 60 days, the court will not set aside a paternity affidavit and the man is financially responsible for the child.

Either party may utilize the paternity affidavit and have the court conduct a hearing to address the issues including confirming paternity and establishing custody, parenting time & child support.

If there is not a signed paternity affidavit, the mother, the alleged father, or a prosecuting attorney may file a paternity action. At an initial hearing, the mother and alleged father may agree to paternity or request a genetic test. The genetic test must be performed by a qualified expert and approved by the court. The court will not accept an at-home DNA test to establish paternity. In the event the genetic test confirms paternity with 99% certainty, the court will then address issues discussed above.

If you are interested in or considering a paternity action, it is important to speak with Cioe & Wagenblast, PC to understand your rights and obligations. Cioe & Wagenblast PC, have litigated Indiana paternity cases and helped clients establish parenting time, support, and custody orders for over 30 years.  Contact us today!