When it comes to family law, the rights of the parents are crucial, especially during a divorce. If you and your ex had an informal parenting agreement, establishing paternity will ensure a father can continue to maintain the legal right to make decisions and parent a child. To better understand how to move forward with this process, consult the guide below.

What Is the Presumption of Paternity?

There are a few ways family law identifies the legal presumption of parenthood in relation to a child. These might include being married to your child’s mother for at least ten months prior to their birth, having a signature on the child’s birth certificate, or jointly signing a voluntary paternity acknowledgment with your ex. In most cases, presumed parenthood is considered valid until it is proven otherwise in a court. In these cases, the court may issue an order to establish your paternal rights.

What Is a Paternity Lawsuit?

Unfortunately, it isn’t uncommon for exes to challenge paternal rights during a custody battle. When this happens, your family law attorney will need to establish your valid paternity according to an issued court order. This process can be complex, and you might only be able to maintain your legal rights as a father under specific circumstances.

For example, you must initiate a counter lawsuit before your child turns 18 if you plan to use your paternity as a means of securing child support payments from your ex. If you don’t plan to seek child support, though, you can file a countersuit seeking recognition of your paternal rights when your child is an adult. If you are successful in your countersuit, the court will issue an order that legally establishes your paternal rights as a parent.

If you need help establishing paternity, turn to The Law Offices of Bromm, Lindahl, Freeman-Caddy & Lausterer in Wahoo, NE. These family law attorneys will guide you through the process to ensure you maintain legal rights as a parent. These trusted professionals are equipped to deal with a wide range of guardianship cases. Call them at (402) 443-3225 to schedule a consultation, or visit their website.