A Declaration of Paternity is sought where the child is not born to a married couple.  The same issue may arise where the the parties are married also.  However, it is most likely to be an issue when the child is born out of wedlock (outside of marriage).  Either parent can file a Petition for Paternity.  The Court can issue an Order naming the father. 

This can be done in two ways:  Admission, the parties agree regarding who fathered the child.  After an admission, a Court can issue an Order naming the father of the child. The Court can make a finding and issue a Court Order declaring Paternity after a trial too.  Where the parties are not in agreement regarding who is the father of the child, blood tests can be ordered by the Court.  The blood tests exclude a potential person.  DNA tests can be ordered alternatively and those are inclusive unlike the blood test which can eliminate potential fathers.

A Declaration of Paternity creates rights in the Father of the child as well as obligations.  The father has a right to Visitation and Custody of the child.  However, he is obligated to pay Child Support  and assist the child financially.

This Article is provided for general information only.  It does not constitute legal advice.  Nor does it give rise to an attorney client relationship.

Fabiola Jean-Gilles, Esq.