Paternity
When a child is born out of wedlock, the paternity of the father must be established before pursuing a court order for child custody or child support. Paternity can be established in a number of ways.
First, a father can sign a formal written acknowledgement of paternity, either at the hospital at the time of birth or anytime thereafter.
Second, either parent can ask the Superior Court to establish paternity, usually through a DNA genetic test. If the other parent is unwilling to submit to a DNA test, the Superior Court can order that he or she to comply. If the results of the DNA genetic test are positive a hearing may be set for the Superior Court to enter custody, parenting time, and child support orders, as well as an order fo the payment of the actual costs of the pregnancy, childbirth and the cost of DNA genetic testing. However, the Superior Court will not order child support to be retroactive to more than three years unless good cause exists. Also, if the Father or Mother is a minor, his or her parents may be held liable for the child support obligation of that minor, until the minor reaches the age of majority.
Third, either parent can ask the Department of Economic Services (DES) to help establish paternity.
At De Blank & Toussaint, P.A., we believe that all parents should be involved in the support, care, and joy of raising their children. Establishing paternity is the first step in this process. If you are a parent seeking to establish paternity, please contact us for a consultation.
