Paternity

When paternity is not established through the voluntary acknowledgement process, a paternity action is filed by the biological mother to establish an order for a biological father who is not her husband to pay child support. A paternity action is solely for the financial support of the minor child and does not establish any rights for the father relating to custody or parenting time. DNA testing is required to establish paternity.

Legitimation

Legitimation is a process by which the biological father establishes his legal rights as a parent to the child, including custody, visitation and parenting time. Through the legitimization process, the biological father can request that the child have his last name. He also ensures that the child can inherit from him, including the ability to receive Social Security benefits. Only a biological father can file for legitimation and the legitimation petition can be filed in either the biological father’s or child’s county of residence. DNA testing is required in all legitimation actions.

Paternity & Legitimization Disputes

When paternity is contested, there typically are issues concerning the amount of child support to be paid. Or a biological mother may not believe that the biological father is fit to be legitimated. Likewise, a biological father may have concerns about the biological mother’s ability to parent. Scenarios like this can complicate the paternity and legitimization process.

We Can Help

No matter how simple or complex, VanLanduyt Law is here to represent you. Whether you are a father seeking to establish legal rights to your biological child, a mother seeking to establish paternity or a mother facing a legitimization petition, we have the experience to help you achieve the best possible results, keeping the best interest of your child at the forefront.