Child support is a common element of divorce cases. However, to receive child support, paternity must be established. This element of family law is more complex than it would seem at first glance, so here are some key factors to be aware of.

Why Do You Need to Establish Legal Paternity?

In family law, establishing paternity is essential for both parents. For the father, it will ensure he has custody and visitation rights, particularly if he isn’t married to the mother.

If the father will not have primary custody of the children, this also obligates him to pay child support to the mother.

When Does the Court Need to Get Involved?

When a child is born to unmarried parents, or the mother doesn’t know the identity of the birth father, paternity must be established either voluntarily or involuntarily.

However, a man who is the presumed father can dispute the claim and disprove paternity by filing in court. Alternatively, an unwed mother could file a paternity suit against the alleged father, so she can receive child support.

The courts will get involved to help determine legal paternity and related issues, typically by ordering a blood test.

Paternity & the Child

After paternity is established, the child is guaranteed financial support from their father. In addition to child support payments, they can also inherit property or receive workers’ compensation benefits after the father’s passing.

Custody and visitation rights are typically determined on a case-by-case basis according to what the court feels is in the best interest of the child.

No matter what type of family law issue you are facing, rely on The Law Offices of Edward J.S.F. Smith in Honolulu, HI. With over 15 years of experience, this family attorney and his team will help you navigate divorce, child custody, and other complicated matters. To learn more about their legal services, visit them online, or schedule a consultation by calling (808) 523-6936.