Establishing paternity means accepting the rights and responsibilities that come with being a father in Virginia. Not only do you secure your position in your child’s life, but you also accept the legal and financial responsibilities that come with raising a child.
If you’re married and your name is on your child’s birth certificate, Virginia law automatically presumes you are the father. However, for fathers who are not married to the mother of their child, the legal process requires more effort and attention to protect your rights and establish a legal relationship with your child.
For unmarried fathers, especially those who have faced questions surrounding their paternity, simply being listed on a birth certificate may not automatically grant you the legal rights or responsibilities that come with being a father. If you and your child’s mother separate, you will need to file petitions for custody, visitation, and paternity. This ensures you have a role in your child’s life and have a safe in important matters like childcare, education, religious upbringing, and more.
Accepting Your Responsibilities When Acknowledging Paternity
Establishing paternity isn’t just about gaining rights as a father—it also comes with significant responsibilities. Once paternity is legally established, you take on the legal obligation to support your child financially. This includes ensuring that your child receives the necessary care and resources as they grow. Whether you and the child’s mother are together or not, acknowledging paternity means you are agreeing to provide financial support, which may include child support payments if needed.
Understand that this is a legal responsibility, meaning you will face repercussions if you fail to uphold your end of the bargain. When you establish paternity, you’ll be provided with documentation outlining both your rights and responsibilities as the child’s legal father.
Additionally, establishing paternity gives you a legal voice in your child’s life. You gain the right to seek custody or visitation and to be involved in key decisions that affect your child’s future. This can be especially important in the event of a breakup or if disagreements arise about how the child should be raised.
Addressing Paternity Questions and Disestablishment of Paternity
What about situations where the paternity of the child is brought into question? If you are found to not be the child’s father, then you would need to file a disestablishment of paternity in order to absolve yourself of the legal responsibilities that come with paternity.
The state wants every child to have two parents. That’s the ideal outcome, so if there are two parents involved in a child’s life, the state isn’t just going to let one walk away if there are questions surrounding the paternity of the child. Instead, the state will want another individual to assume that role—whether it’s voluntarily or through DNA proof of paternity.
Protect Your Rights as a Father in Virginia
These legal processes take time and require careful attention to ensure you are guaranteed the rights you deserve as a father, as well as acknowledging your willingness to take on the legal and financial responsibilities that come with it. It’s important to have an experienced Virginia family law attorney to assist you through the process of establishing or disestablishing paternity.At Rinehart Bryant, PLLC, we understand how emotional and challenging paternity issues can be. We believe in supporting the rights of all parents and ensuring Virginia children have the support they need at home. Whether you need help establishing paternity, navigating custody matters, or exploring the disestablishment of paternity, your Virginia family law firm is here to provide the legal support you need. Contact us today to discuss how we can assist you with any paternity or family law issues you may be facing.
Rinehart Bryant, PLLC
