Paternity
Paternity & Child Custody
Paternity cases arise in situations where two parties are not married but have a child together, or when the biological father has not completed a Voluntary Establishment of Paternity by signing an affidavit within 90 days of the child's birth. In such cases, the father’s identity and legal responsibilities remain unresolved. While a DNA test can confirm or refute biological parentage, it does not address the legal rights and responsibilities associated with fatherhood.
Establishing paternity is crucial for both parents. For mothers seeking child support, paternity must be legally established. Similarly, fathers who wish to pursue custody or visitation rights cannot do so until their paternity is confirmed. Although paternity actions often involve children born out of wedlock, they can also occur in situations where a child born within marriage is believed to have a biological father other than the husband or where a man has fathered a child outside his marriage.
Under Chapter 584 of the Uniform Parentage Act, a man is generally presumed to be the child's natural father if:
• He was married to the child's natural mother at the time of birth.
• The child was born within 300 days of the termination of the marriage.
• He acknowledged his paternity of the child in writing and it was filed with the department of health (this is usually signed at the hospital shortly after the birth).
• He consented to be named the child's father on the child's birth certificate.
• He receives the minor child into his home and openly holds the child as his own
Additional Info
If none of the standard circumstances apply and the alleged father has not voluntarily acknowledged paternity, a paternity action can be initiated by the child, a guardian ad litem, the child’s natural mother, the man claiming to be the father, or a child support enforcement agency.
In Hawaii, unmarried parents have equal custody rights over their child. However, legal paternity must be established for the father to gain rights to child custody, visitation, child support, claiming the child on taxes, inheritance, and other legal entitlements. It’s important to note that a man’s name on the child’s birth certificate alone does not establish legal paternity.
Establishing paternity can be a complex and emotionally charged process, particularly if there are disputes over the child's parentage. The Family Law team at Case Lombardi is here to guide you through these sensitive matters with integrity and tenacity, ensuring that your case is handled with the utmost care.