Every child deserves to be cared for by loving parents, and a child’s mother and father both have obligations to support their child and ensure that the child’s needs will be met. Parents have the right to be involved in raising their child and spend time with them on a regular basis. While this right may be automatically established for some parents, others may need to take steps to legally establish paternity. Doing so can ensure that the rights of the parents and the child will be protected.
Situations Where Parents May Establish Paternity
A presumption of paternity exists when a mother is in a marital relationship with a spouse. If the mother is legally married when her child is born, her spouse is presumed to be the child’s parent, and no action will need to be taken to ensure that the other parent has legal rights toward the child. This presumption also exists if a mother’s marriage ended within 300 days before her child was born, including in cases involving divorce, legal separation, annulment, or the death of the other spouse.