Paternity: Overview
"Paternity" means fatherhood. An action for "Paternity"
is the legal process of establishing the biological father of a child. Paternity
can be established in two ways: (1) by signing a "Declaration of
Paternity" or (2) by going to court and filing a Complaint to Establish
Paternity. Establishing paternity is important because without the establishment
of paternity, the father does not have any legal rights or responsibilities for
the minor child. Further, without the establishment of paternity, the court
cannot order custody, visitation or child support. Establishing paternity also
allows an unmarried father to have his name placed on the child's birth
certificate.
A "Declaration of Paternity" is a legal form which, when signed by
both parents, establishes that the man is the legal father of the minor child
without going to court. By signing the Declaration of Paternity, the unmarried
father can have his name placed on the birth certificate. Signing a Declaration
of Paternity is voluntary and can be done at a hospital after the birth of a
child. The unmarried father can also obtain a Declaration of Paternity from the
local registrar of births and deaths.
A Complaint to Establish Paternity is a legal action filed in the Superior
Court in which one parent, usually the mother, seeks to establish that the named
defendant is the legal parent of the minor child. In the action, the filing
parent can seek orders regarding (1) child custody and visitation, (2) child
support, and (3) reimbursement for the expense of child birth as well as
attorney's fees for bringing the action.
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