What Is a Voluntary Acknowledgment of Paternity and How Can It Help Me?
You must always keep in mind that without legal paternity, a biological father does not have custody or visitation rights, and he isn’t obligated to pay child support. The law provides several methods to establish paternity in Ohio, each with specific procedures and implications.
Of course, every case differs, but essentially, if you are struggling with a paternity issue, there are four legal means you can use to establish the paternity of your child.
Ohio’s quickest, easiest, and most common way of proving paternity is through a “Voluntary Acknowledgment of Paternity Affidavit.” However, to use this affidavit, both parents must agree on who the biological father is and want to recognize him legally.
With the help of a skilled paternity lawyer, this affidavit can be legally signed and executed in several ways, such as:
- In the hospital, when your child is born.
- After they’re born at a local Child Support Enforcement Agency (or CSEA).
- At a local Ohio health department or vital statistics office.
As your lawyer will explain, once this affidavit is signed and notarized, it becomes a legally binding document with the same effect as a court order. Your lawyer will then formally enter it into the Central Paternity Registry maintained by the Ohio Department of Jobs and Family Services.
However, this process must be done correctly, and your skilled, diligent, and compassionate paternity lawyer will ensure that all the vital rules and regulations are followed, such as:
- Both parents must voluntarily sign the Voluntary Acknowledgment of Paternity affidavit.
- You and your partner must not be married to anyone else at the time of your child’s birth.
- Either you or your partner can rescind the affidavit within 60 days of signing by submitting a formal written request.
- After 60 days, the affidavit can only be challenged in court based on fraud, duress, or material mistake of fact.
Remember that this form is legally binding, so you and your partner should fully understand its implications before you sign. This is one of many reasons this critical step should not be taken without the help of an experienced, well-versed, and diligent Ohio paternity lawyer.
What Is the Administrative Paternity Establishment through DNA Testing, and When Might It be Used?
This form of proving paternity is commonly used if there is any dispute or uncertainty about who the biological father is. You or your partner can request a genetic test through Ohio’s Child Support Enforcement Agency (CSEA). This legal process doesn’t require a court appearance and is often much more rapid and less expensive than formal litigation.
Simply put, how does this paternity process work?
- Both parents must contact the local CSEA to request a formal establishment of paternity.
- The local agency will then make an appointment for the mother, child, and proposed father to submit DNA samples, usually through a painless cheek swab.
- The agency’s results usually take a few weeks. Then, to confirm paternity, you must have a match of 99% or greater.
- When paternity is confirmed, the CSEA issues an Administrative Order of Paternity, formally filed with the Central Paternity Registry.
One vital point is that this administrative process is highly beneficial because it removes the need to go to court and still results in a legally binding determination of fatherhood.
However, let’s say the child’s alleged father refuses to cooperate and won’t appear for testing or does not cooperate with the agency. In this case, the CSEA may refer the case to the juvenile court, which can compel compliance through legal means, including possible contempt of court charges and more. However, working with a competent, thorough, and experienced paternity lawyer may make this process much smoother for all, as all the legalities can be explained to both parents in detail.
Can I Establish Paternity Through a Court Action?
In situations where the alleged father isn’t cooperative and flatly disputes paternity, refuses to participate in administrative testing, or where other more complex legal issues are involved, you may have to go through the juvenile or domestic relations court to establish paternity.
In this case, it would be mandatory that you work with a well-versed and skilled paternity lawyer. Your lawyer will handle all the many details involved and first explain that under Ohio law, a paternity lawsuit can be filed by:
- The child’s mother.
- The proposed father of the child.
- The child (through a third-party legal representative).
- The CSEA.
- The current legal custodian or guardian of your child.
The court procedure in this case, depending on your circumstances, can be legally complex, so working with an Ohio paternity lawyer is mandatory.
Simply explained, the procedure is as follows:
- One party must file a formal complaint to begin the process.
- The other party must be served and allowed to respond.
- If paternity is contested in any manner, the Ohio court will usually order mandatory genetic testing.
- Once the final evidence is reviewed, the court analyzes it and issues a court-ordered Judgment of Paternity.
- This court order is recorded with the state and has the same legal effect as if the father had signed an affidavit or complied with an administrative order.
You must know that once paternity is established through the court, the judge may also address other pressing and dire issues, such as:
- The father’s child support obligations.
- Custody and visitation rights for both parents to see and help nurture their child.
- Medical, educational support, and insurance coverage, etc.
This is a very comprehensive approach to determining paternity, and once it is done, your lawyer will ensure that all necessary issues related to the child’s well-being are addressed in one court proceeding.
What Are Some of the Legalities and Benefits of Establishing Paternity?
Establishing legal paternity does a lot more than just identifying a biological relationship with the child. It unlocks a full spectrum of legal rights and obligations for the father and the child.
For example, once you have legally established paternity, the father can have many benefits, such as:
- The right to seek custody of the child or parenting time through the courts.
- The ability to participate in critical decisions about his child’s upbringing, such as education, religion, medical care, etc.
- A court-ordered obligation to provide financial support, including child support payments and potential contributions to medical and educational expenses.
There are also many benefits from the perspective of the child, including:
- Access to the father’s medical history may be necessary for healthcare decisions.
- Financial support, including potential benefits like Social Security, inheritance, veterans’ benefits, and more.
- A complete sense of identity and familial connection which may be crucial for the child’s emotional development.
- The right to take their father’s name on the birth certificate. However, this may depend on how paternity is established.
Another crucial item to mention is that when paternity is determined, even if it’s months or years after your child’s birth, the court could order retroactive child support back to the date of birth or another relevant date.
I Wish to Establish My Child’s Paternity Legally; How Should I Proceed?
In Ohio, establishing paternity is a critical legal process that ensures both parents are legally recognized and responsible for their child, whether they go through this process through voluntary acknowledgment, administrative DNA testing, or court action.
Proving paternity also provides access to Ohio state laws that provide clear and accessible paths to opening the door to essential legal rights and benefits. It also promotes the child’s best interests by creating a more stable and supportive environment.
The paternity Lawyers at the Lawrence Law Office have a long and compassionate history of helping parents prove paternity to their children and, by doing so, enrich their own and their children’s futures.
So, if you are a mother seeking support or a father seeking rights, don’t delay taking steps to establish paternity. Call the Lawrence Law
Office today at 614-362-9396, and they will assist you in understanding the best course of action to take and protect your rights throughout the process.
