Establishing Paternity If An Unmarried Father Is Already Paying

Yes. Even though the child’s father is providing support, he may change his mind, become disabled, or even die. In most cases, unmarried parents can ensure certain benefits for their children only if paternity has been established.

Children who are supported by only one parent often do not have enough money for even basic needs.

Every child is entitled to financial support and other resources from both parents.

The custodial parent, the child, and the child’s doctor need to know whether the child has inherited any diseases or disorders, many of which may not be detected at birth or in childhood. Doctors can better treat a child if they know the full medical history of the family.

If paternity has been established, a child has a legal father and will have the possible right of inheritance from both parents.

The child may also be eligible for other benefits such as Social Security, medical insurance, life insurance and veteran’s benefits.

How does paternity establishment affect custody and visitation?

Each parent has the duty to financially and emotionally support his or her child.

Each parent is presumed to possess the right to custody or visitation. If the parents cannot agree, custody, child support, and visitation will be decided by a court. Both parties must obey the court order.

In other words, one parent cannot refuse to pay support because the other parent is refusing visitation and vice versa.

How is paternity established?

Paternity may be voluntarily established by agreement of both the mother and the father of the child. The parents can sign an Acknowledgment of Paternity (AOP), which becomes a legal finding of paternity when it is filed with the Bureau of Vital Statistics.

If the mother or alleged father is not sure about the paternity of the child, neither should sign an AOP.

Paternity should be established through the courts.

What happens if the father signs the Acknowledgment of Paternity?

A law that became effective on September 1, 1999, states that if the father and mother have signed the AOP, the biological father becomes the legal father.

This makes the father legally responsible for paying child support if he lives apart from the child and enables the court to grant him visitation or custody. In order to obtain child support and visitation rights that are enforceable, a parent must go to either a child support office or a private attorney.

Where can we get an Acknowledgment of Paternity form?

Parents should be able to get the AOP form at the hospital. Parents can also call the Bureau of Vital Statistics at (512) 458-7393 or the Office of Attorney General Paternity Opportunity Program at (210) 804-6484 to obtain a form. In addition, AOP forms are available at the local child support office or the local birth registrar.

What if the father wants to sign the Acknowledgment of Paternity but cannot come to the hospital?

Sometimes parents are not able to do everything necessary to acknowledge paternity while the mother and baby are still at the hospital.

If this happens, the parents may sign the AOP before the baby is born or sign it later at a certified entity like a child support office or local office of vital statistics