Forfeiting or Removing Paternity Rights

Parenthood is unusual in that there is no formal requirement or training to become a parent. Nine months of pregnancy notwithstanding, support for new parents is not always freely available. It is especially challenging when one parent simply wants to walk away from the responsibilities of raising a child, doesn’t want to recognize the child as their own, or doesn’t want the other parent involved. There are a few instances where a court will permit a person to challenge paternity, but such challenges are taken seriously before a person will be legally release from their obligation to provide support for a child.  

What Is Paternity? 

Paternity is a legal claim that establishes a presumed father’s legal rights and relationship with a child. A court can determine whether or not an individual man is the legal father of a child and can establish their parental rights. 

How Is Paternity Typically Established?  

Paternity of a child can be established by one or more of the following: 

• Named as the father on the birth certificate 

• Executed an affidavit of paternity 

• Court order establishing paternity   

• The man treats the child as the father’s own child and provides for the child 

Notably, a legal father is not always and does not have to be a biological father. A father who shares DNA with a child can be established as the father by being named on the birth certificate or through court order following a paternity test. Likewise, a husband is typically assumed to be the father unless there is a court order that decrees otherwise.  

Can a Man Voluntarily Give Up Paternity Rights?  

The legal system cannot force anyone to spend time with a child. However, a family court can still order a person to pay support for a child until the child becomes an adult. A parent that refuses to voluntarily make child support payments can have their wages directly garnished to pay for child support.  

Can a Court Remove a Man as a Father to a Child?  

Courts generally don’t like to remove parentage of a child from a father unless there is another man willing to be recognized as a father to the child. A court may terminate a father’s rights if the court believes that paternity is no longer in the child’s best interests, such as severe physical abuse.  

Can Paternity Be Disputed? 

Yes, paternity may be disputed. A court may order a DNA test in order to determine if the alleged father is, in fact, the biological father. A paternity suit may also be brought by another male who alleges he is the legal father. In some cases, a government agency may also file a paternity claim, usually to establish child support to ensure that a child has sufficient financial support.  

Can a Woman Dispute Her Status as a Mother?  

Women generally do not have paternity disputes. A hospital or midwife can readily identify a woman as the mother if they witnessed her give birth to a child. Men do not have a similar method of being recognized as a biological father absent a DNA test.  

However, a court may still remove a woman’s paternity rights if it is in the child’s best interests, typically because a woman is severally physically abusive to a child.  

 Do I Need a Lawyer for My Family Law Issue? 

If you have difficulty seeing your child as the holidays approach, you should contact a family lawyer today. A skilled family lawyer can answer your questions, provide guidance on your case, and represent your best interests in court.