When a child is born to a married couple, Hawaii family law assumes the husband is the legal father, giving him all the rights and responsibilities of parenthood. However, if the parents aren’t wed, biological fathers aren’t considered legal parents until paternity is officially established, which can be done voluntarily or through the courts.

How to Establish Paternity in Hawaii

1. Submitting a Voluntary Establishment of Paternity Form

If the mother has not been married or widowed in the 300 days before the baby’s birth, the parents may submit a Voluntary Establishment of Paternity form with the Department of Health. Typically, you’ll be given this form at the hospital, where it has to be signed by both parents in front of a staff member.

2. Filing a Paternity Suit

If the parents don’t agree on paternity, either party can bring the issue to court. A paternity suit, which can be filed by either the mother, the father, or the Child Support Enforcement Agency, leaves the matter for a family law judge to decide. In most cases, the court will simply perform a genetic paternity test to determine parental rights and responsibilities.

3. Getting Married Soon After Birth

If the parents were unmarried when the child was born but wed shortly thereafter, the husband will likely become the presumed legal father. To avoid legal conflict later, most family law attorneys encourage parents to file an Establishment of Paternity form if they didn’t do so at the hospital.

Child support and custody issues can be stressful and confusing, especially when paternity is in dispute. For over 35 years, the family law attorneys at Coates Frey Tanimoto & Gibson, AAL, LLLC, have helped clients throughout Oahu navigate these complex legal issues, providing award-winning service in a wide range of difficult situations. Visit their website to see how they can help establish paternity, or call (808) 524-4854 to schedule a complimentary initial consultation.