Paternity is the term for a father’s legal relationship with his child. Men can establish paternity through marriage, voluntary paperwork or court proceedings. Each of these options has different benefits and drawbacks.
There is a legal presumption of paternity that applies when a married woman has a child. The hospital typically includes her husband’s name on the birth certificate automatically. Unmarried fathers usually have a more complicated process when they want to establish paternity. They either need to submit specialized paperwork to the state or request a hearing in court.
Is the cooperation of a child’s mother necessary to successfully establish paternity in Nebraska?
Cooperation streamlines the process
If the mother of the child readily acknowledges the man as the father, she may agree to fill out voluntary paternity acknowledgment paperwork. Both parents sign the documents affirming the man’s relationship with the child. They then submit the documents to the state to amend the birth certificate and ensure the man’s parental rights. Working cooperatively with the mother is usually the fastest means of establishing paternity.
The courts can order testing
In cases where there is conflict between the parents or questions about paternity, a court order may be necessary. A man can file a petition with the courts asserting his interest in establishing paternity. The courts can order genetic testing. Test results can then validate the man’s claim of parentage. Successful paternity litigation allows a man to add his name to the birth certificate and seek shared parental rights and responsibilities.
There’s a limited window of opportunity for establishing paternity, so fathers may need help asserting themselves sooner rather than later. Establishing paternity protects a man’s rights and also extends key legal protections to the child involved as well.
