LEGAL RIGHTS OF A FATHER IN A PATERNITY ACTION

A man, when faced with a paternity action or Petition to Establish Parental Relationship, has two options.  He can challenge his paternity of the child or he can acknowledge that he is the father.  Each case needs to be evaluated on an independent basis.

This article will only focus on the waiver of rights a male gives up when he acknowledges that he is the father of the child.  The Court requires that party be advised of his rights and that he waives these rights.  These rights include:

1.    RIGHT TO BE REPRESENTED BY A LAWYER.

2.    RIGHT TO A TRIAL   (A judge will determine if the party is the parent of the child.)

3.    RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES

4.    RIGHT TO HAVE PARENTAGE TESTS

5.    OBLIGATIONS (If the party stipulates to being the parent of the child the child will be his child for all legal purposes)

6.    WAIVER (The giving up of the rights stated above except for the right to have an attorney)

7.    CHILD SUPPORT (If the party stipulates to being the parent of the child the duty of support will continue for the child until terminated by law.)

8.    CRIMINAL NON-SUPPORT  (If the party stipulates to being the parent of the child if he willfully fails to support the child, criminal proceedings may be initiated against the party)

9.    UNDERSTANDING  (The party understands the above Rights)

With the establishment of parentage, the parties can also have ask the court to establish a custody order, a visitation order, and a support order. 

As with any family law matter, it is always suggested to speak with your attorney before taking any legal action.