How Do You Establish Paternity in Pennsylvania?
The process of establishing paternity when the parents are married is generally quite straightforward. However, trouble comes into play when the child is born out of wedlock. If the parents are married the husband is listed as the legal father on the child’s birth certificate. But what happens when the parents are unmarried or paternity is in dispute? In this article, the Philadelphia paternity attorneys at The Law Offices of Lauren H. Kane will discuss how paternity is established when a child is born out of wedlock.
The legal concept of paternity
Legal parents of a child have rights over the child and obligations to the child. When a father establishes paternity, he is endowed with the right to petition the court for custody or visitation with the child. He also incurs the obligation to financially support the child by paying child support.
Establishing paternity voluntarily
Pennsylvania allows for both the voluntary and involuntary assignment of paternity. When the parents are unmarried and agree that the father is the biological father, the parents can sign a Voluntary Acknowledgment of Paternity or VAP. The acknowledgment must be signed by both parties in front of a witness who is at least 18 years old.
A VAP is usually completed and signed at the hospital where the child is born. A parent can also obtain a VAP at a local Department of Public Welfare office or the Domestic Relations Office of the county court. The completed VAP then must be filed with the Department of Public Welfare. Once it is filed, the father’s name will be added to the child’s birth certificate. The father would then be considered the legal father of the child.
In cases where both parents are on the same page concerning paternity, it is usually unnecessary to hire an attorney or take the matter to court. However, if a mother refuses to sign a VAP, the Department of Public Welfare will register it as a paternity claim for the child. If the father wants custody or visitation rights, he will have to go to court to establish paternity involuntarily. In that case, it does help to have a lawyer handle matters on your behalf.
Establishing paternity involuntarily
One parent can involuntarily establish paternity by filing a Petition to Determine Paternity with the local Family Court. Mothers can also file a Complaint for Child Support with the Family Court to begin the paternity establishment process. The court will likely order DNA testing to determine whether or not the father is the biological father of the child. If the court determines that the putative father is the biological father, a judge will issue an order of paternity that makes him the child’s legal father. This means that he incurs the responsibility of supporting the child.
Talk to a Philadelphia Paternity Attorney Today
The Philadelphia family lawyers at The Law Offices of Lauren H. Kane represent the interests of mothers and fathers who are attempting to establish paternity involuntarily. Call our office today to schedule an appointment, and learn more about how we can help.
