Establishing Paternity

Don’t find yourself in the situation described by Kanye West in Golddigger, “And on her 18^th birthday he found out it wasn’t his.”  Establishing paternity is essential to determining the rights of a potential father.  You should not sign any documentation admitting to paternity unless you are absolutely certain the child is yours.  

  

Genetic testing is available to the father in a paternity action if he has not signed a Paternity Affidavit.  Genetic testing is performed using a non-invasive Buccal swab to collect DNA from the cheek of the alleged father, mother, and child.  This test determines paternity.  Genetic testing is not mandatory but it does provide certainty to both parties of the paternity of the child.  Genetic testing can be performed at a nominal cost.

A paternity affidavit is a legal document signed by both the mother and father within 72 hours (3 days) of the child’s birth.  This document establishes legal paternity and responsibility.  A paternity affidavit may be set aside within 60 days of signing in most instances.  After 60 days, the paternity affidavit becomes much more difficult to set aside.  Genetic testing will be conducted to determine paternity.  As a father, if you have any question as to the paternity of your child, you must act fast or you may become financially responsible for a child that is not yours.    

Once paternity is established, a child support and parenting time order will be established.  The State may be involved in this process.  It is important to understand that a prosecutor for the State does not represent either party involved.  It is crucial as a party to a paternity action to have representation in order to calculate a fair and accurate child support amount.  

If you have a question about Establishing Paternity  or any question involving family law, contact Attorney Sonya Seeder at (317) 456-7942 or through E-Mail.