Either a mother or a father can file a petition to establish paternity of a minor child or children. The petition can be filed during the pregnancy of the expected child or after the child is born. Although, if a parent is filing the action to secure past due child support, the petition must be filed before the child turns eighteen.
Presumption of fatherhood for a man is presumed as follows: If the father and the mother were married any time during the ten months prior to the child’s birth; If there has been a genetic test which confirms paternity to a 95% probability; If, when the child is born out of wedlock, both the parents sign the birth certificate, Or; If both parents acknowledge paternity by signing a written, notarized statement.
An order of paternity establishes the rights and responsibilities of each parent, including child support and health insurance coverage, and will also include a written parenting plan. Our firm is experienced in helping parents establish paternity rights and obligations, as well as crafting the required parenting plans. Prompt legal action is often necessary to secure paternity rights, especially if there is not an-existing relationship between a parent and the child.
Call Kinerk Law Offices at 520.333.3393 to set up a consultation on your potential paternity rights and obligations.