Paternity is the process of determining the legal father of a child. This designation may seem symbolic, but it has practical implications. For example, the mother of a child may want to establish paternity so that she can pursue child support from the father. A government agency providing benefits to the child or mother also may want to establish paternity for child support purposes. Meanwhile, a father may want to establish paternity so that he can pursue child custody or visitation rights. In some more unusual cases, a child may want to establish paternity so that they can receive an inheritance or benefits through their relationship to the father.
Paternity can be straightforward and uncontested, such as when the parents of a child are married or when a man signs a voluntary acknowledgment of paternity. In these and certain other cases, state law usually establishes a presumption of paternity. More ambiguous situations may require intervention by a court. Paternity determinations usually are based on genetic testing, which is easy to conduct and extremely reliable. If testing reveals that a man is the biological father of a child, a court will make a finding of paternity. It then can issue orders affecting the rights of the parents and the child, including support and custody orders.
Sometimes a court may review an action to disestablish paternity. Most often, a man whose paternity was established without genetic testing attempts to disestablish paternity so that he can terminate his child support obligation and other duties to the child. In other situations, the mother or the biological (but not legal) father of a child may want to disestablish the paternity of a child’s legal father to remove the legal father from the child’s life and allow the child’s biological father to assume a parental role. Actions to disestablish paternity historically were rare, but they have become somewhat less rare with the increased availability and accuracy of genetic testing.
Click on a state below for information about its approach to paternity and links to forms that you may need to file if you are involved in a paternity action.
Alabama
An Alabama paternity action may be filed in the juvenile court of the county where the child lives. If genetic testing reveals that the putative father is the child’s biological father, the court will order child support and medical support (health insurance payments). It also will order income withholding, which is a wage assignment. A court can set up custody and visitation orders, outlining which parent will make decisions affecting the child, which parent will primarily live with the child, and how the other parent will have access to the child. Other orders may cover financial aspects of the process, such as the costs of genetic testing, court fees, and reasonable attorney fees for the mother.
Alabama Paternity Forms and ResourcesAlaska
Either a court or a government agency can issue an Alaska paternity decision. These proceedings generally rely on genetic testing, but a court may review other evidence related to paternity if problems arise with the testing process. Other forms of evidence that may be persuasive include the conduct of the putative father toward the child, any support provided by the putative father to the child, and the way in which the putative father has presented his relationship with the child to the community. An agency does not have the authority to pursue a paternity action if the putative father was convicted of rape, unless the mother agrees with pursuing the action and is competent to make that decision.
Alaska Paternity Forms and ResourcesArizona
An Arizona paternity action may be brought in the superior court of the jurisdiction where the mother, the child, or the putative father resides. A state agency can conduct paternity proceedings as well, and an agency has equal authority to a court in making a paternity decision. A finding of paternity requires a 95 percent probability that the putative father is the biological father. In some cases, a paternity action may be filed before a child is born. When this happens, however, an order will not be issued until the child is born. If paternity is found, child support may be ordered retroactively for three years before the action was filed, and a father also may be ordered to pay pregnancy and childbirth costs.
Arizona Paternity Forms and ResourcesArkansas
To make an Arkansas paternity determination, a court will order genetic testing. State law requires a 95 percent probability that the putative father is the biological father. If paternity is found, the father may be ordered to pay pregnancy and childbirth costs and the mother’s attorney fees in addition to child support. If paternity is not found, the mother may be ordered to pay the putative father’s attorney fees. To get custody or visitation after a paternity finding, a father must show that he has financially supported the child, he is fit to be a parent, and this would serve the child’s best interests. If the child resulted from a rape of which the father was convicted, he will lose parental rights but must pay child support.
Arkansas Paternity Forms and ResourcesCalifornia
A California paternity action may be brought in a county superior court, which can order the mother, the putative father, and the child to undergo genetic testing. A failure to comply with this order by a putative father may be treated as evidence of paternity. A state child support agency also will order genetic testing if a mother asks for child support or public benefits. A child who is 12 or older will be considered a party to a paternity action. The court will designate a guardian ad litem to represent their best interests. A court has the discretion to find that a child younger than 12 is a party to the action and designate a guardian ad litem for them as well. If paternity is found, a child can inherit from their father’s estate in addition to receiving support.
California Paternity Forms and ResourcesColorado
A Colorado paternity case generally should be filed in the district court that has jurisdiction over the county where the child or the alleged father lives, or where public benefits are being paid for the child. However, a case involving a child or an alleged father in Denver County must be filed in the Denver Juvenile Court. If the parents disagree on paternity, a judge can order genetic testing. When a judge issues a paternity order, they can issue concurrent orders covering child support, medical insurance, child custody, testing fees, and court costs. A child may be eligible to receive certain benefits based on their relationship to the father, such as Social Security benefits or veteran’s benefits, and they will have a right to inherit from the father’s estate.
Colorado Paternity Forms and ResourcesConnecticut
Generally, a Connecticut paternity action will be heard in the family court in the county where the mother or the alleged father lives. In some situations involving a paternity case initiated by an alleged father when existing parental rights may be terminated, the probate court in the county where the child lives will have jurisdiction. If an alleged father cannot afford to hire an attorney, the court may appoint an attorney for him. The court will order the mother, the alleged father, and the child to undergo genetic testing, which must show a 99 percent probability of paternity. One or both parties will pay for testing unless the state has brought the action. Paternity cannot be decided until the child is born, although a case may be started before birth.
Connecticut Paternity Forms and ResourcesDelaware
Although a Delaware paternity case may be filed while the mother is pregnant, a judge will not issue a paternity order until the child is born. A paternity decision usually relies on genetic testing. This requires a 99 percent probability that a man is the biological father of the child. A court may order the mother, the alleged father, and the child to undergo testing if it has not been previously completed, or if a prior test does not meet the strict legal requirements in Delaware. If the alleged father cannot be found, a court may order genetic testing of his father, brother, or other children. If the alleged father defies a court order to undergo testing, the judge can hold the alleged father in contempt, declare paternity, and establish related obligations.
Delaware Paternity Forms and ResourcesDistrict of Columbia
Genetic testing plays a significant role in a District of Columbia paternity proceeding. To be accepted as evidence of paternity, a test must show that there is a 99 percent probability that a man is the biological father of a child. The Family Court in the DC Superior Court or the DC Child Support Services Division can order genetic testing and decide paternity and child support. However, custody or visitation orders remain within the sole jurisdiction of a court. In addition to child support, the child may be eligible for medical insurance coverage and other benefits through the father. They also will have a right of inheritance from the father, and they can access the medical histories of people on the father’s side of their ancestry.
District of Columbia Paternity Forms and ResourcesFlorida
A Florida paternity action can be filed in the circuit court that has jurisdiction over the county where the mother or the alleged father lives. A judge can order the mother, the alleged father, and the child to undergo genetic testing. If testing establishes paternity, a court can declare the man to be the child’s father and issue related orders affecting child support and child custody, as well as matters such as health insurance and attorney fees. A government agency also can issue orders regarding paternity and child support, but it cannot determine child custody. If a judge does not issue a custody order, the mother receives sole custody. While a paternity proceeding may begin while the mother is pregnant, it cannot be resolved until the child is born.
Florida Paternity Forms and ResourcesGeorgia
If paternity is disputed or unknown, a parent or another party with legal standing can file a Georgia paternity action in court. This may involve genetic testing to help the judge determine whether a man is the child’s father. A paternity order will allow each parent to assert related legal rights. For example, the mother can ask the court to order the father to pay child support and help cover medical expenses for the child. Meanwhile, the father can request an order for custody or visitation. Since the father’s name will appear on the child’s birth certificate, the child also will receive important future rights. These include potential access to Social Security and other benefits through the father, as well as the ability to inherit from the father’s estate.
Georgia Paternity Forms and ResourcesHawaii
In a Hawaii paternity action, a parent or another party with legal standing can ask a court to declare that a man is the legal and biological father of a child. If the mother of the child requests services from the Hawaii Child Support Enforcement Agency, that agency will help pursue a paternity order for free. A judge has the authority to compel the child and the parents to submit to DNA testing, although this does not happen in every case. If a court issues a final order establishing paternity, this will allow the mother to pursue child support from the father. The father’s name will appear on the child’s birth certificate, and the child will have access to the medical histories of paternal relatives, possibly in addition to benefits and inheritance rights.
Hawaii Paternity Forms and ResourcesIdaho
An Idaho paternity case usually starts when a party with legal standing files a verified complaint for paternity in court, stating that a man is the legal and biological father of a child. If the parents do not agree before the proceedings conclude, a judge will decide paternity. There is no right to a jury in paternity cases. As part of the process, the judge may order genetic testing. They also can issue an arrest warrant if a putative father fails to appear in court. If a judge finds that paternity is established by the evidence, they will issue an order of filiation, which will result in adding the father to the child’s birth certificate. The court also may order the father to pay child support and review any request by the father to establish custody or visitation rights.
Idaho Paternity Forms and ResourcesIllinois
An Illinois paternity action may unfold in administrative or judicial proceedings. In an administrative proceeding, an unmarried parent can submit an application to Illinois Child Support Services (part of the Department of Healthcare and Family Services). This may result in genetic testing and an administrative paternity order, which carries the same weight as a court order. Alternatively, a party with standing can file a judicial paternity action in the circuit court in the county where the mother, the alleged father, or the child lives. Since there is no right to a jury, a judge will decide paternity. If paternity is established, the judge can issue a child support order. They also can issue a custody order, which Child Support Services cannot do.
Illinois Paternity Forms and ResourcesIndiana
In an Indiana paternity proceeding, a parent or another party with legal standing asks a court to declare that a man is the legal father of a child. This usually involves genetic testing, unless the parents agree on paternity before the case reaches a hearing. In some cases, a government agency may file in court if the state is providing public benefits to the child. If a judge rules that a man is the father, they also can issue orders involving child support and child custody. The father may be required to provide health insurance for the child, and the child can inherit from the father’s estate and receive benefits based on their relationship to the father.
Indiana Paternity Forms and ResourcesIowa
An Iowa paternity action may proceed through an administrative or judicial process. The Iowa Child Support Recovery Unit oversees administrative paternity proceedings involving a child when their parent seeks public benefits from the state. The CSRU has the authority to order compulsory DNA testing to determine paternity. Meanwhile, a district court can provide judicial review of a paternity action. If a judge finds that paternity should be established, they can issue a final order that adds the father to the child’s birth certificate. The father then can pursue custody or visitation rights, and the mother can ask the court for child support. The child may be able to qualify for health insurance coverage and other benefits through the father.
Iowa Paternity Forms and ResourcesKansas
A district court in a county where the mother, the alleged father, or the child lives may decide a Kansas paternity action. The action is usually filed by a parent, but the government may get involved if the child is receiving public benefits. Some paternity cases are resolved prior to trial, but otherwise the judge will determine whether paternity is established, usually based on genetic testing. A judgment of paternity will result in adding the father’s name to the child’s birth certificate and may lead to orders providing for matters such as child support, medical support, and child custody. The child can access the medical histories of the father and his relatives, and the child may be eligible for benefits and an inheritance through their relationship to the father.
Kansas Paternity Forms and ResourcesKentucky
A Kentucky paternity proceeding may be pursued in the district court of the county where the mother, the putative father, or the child lives. If the mother seeks child support, the Kentucky Cabinet for Health and Family Services may pursue the action and may order mandatory genetic testing at no cost to the individuals involved. A party cannot request a jury trial in a paternity case. The judge may order mandatory genetic testing upon the request of any party in the case. If testing shows that the man is the father, the judge can issue a final judgment establishing paternity and order that the man’s name be added to the child’s birth certificate. Orders regarding child support, health insurance and medical costs, and custody may follow.
Kentucky Paternity Forms and ResourcesLouisiana
A judge in a Louisiana paternity action often will order genetic testing of the mother, the alleged father, and the child. If testing is ordered, all parties must comply. Sometimes the parties will agree on paternity without proceeding to a trial in court, but other cases require a full review by the judge. If the judge finds that paternity has been established, they can issue a final judgment that results in adding the name of the father to the child’s birth certificate. The mother then can seek child support from the father, while the father can ask the court for custody or visitation rights. The child will be able to access the medical histories of their paternal relatives and may qualify for benefits through the father, as well as an inheritance from the father’s estate.
Louisiana Paternity Forms and ResourcesMaine
If paternity is contested or unclear, a parent or another party with legal standing can initiate a Maine paternity proceeding. The Division of Support Enforcement and Recovery of the Maine Office for Family Independence (part of the Department of Health and Human Services) sometimes pursues a paternity action if a child receives public benefits through the state. The Office of the Maine Attorney General may assist with cases in which DSER participates. A case may be resolved before a full hearing in court, but some cases go to trial. If paternity is established through a settlement or judgment, the court will have the authority to issue orders addressing child support and medical support, child custody and visitation, and other issues.
Maine Paternity Forms and ResourcesMaryland
A Maryland paternity action usually leads to court-ordered genetic testing. A judge will order testing if any party in the case requests it, and all parties will be subject to testing. In some cases, paternity will be resolved through a settlement before the case reaches a trial. However, a judge may need to determine paternity at a trial and issue a judgment of filiation if paternity is established. The judge then can issue related orders to address child support and child custody and visitation. A father may also need to provide health insurance for the child and cover some of their medical expenses. If paternity is established, a child may be able to receive certain benefits through the father, and the name of each parent will appear on their birth certificate.
Maryland Paternity Forms and ResourcesMassachusetts
Generally, a Massachusetts paternity proceeding unfolds once a party with legal standing files a complaint to establish paternity in the family court. A non-filing parent will receive notice of the proceeding and an opportunity to be heard. The court may order DNA testing to confirm or disprove paternity. If paternity is confirmed, the court can order that the man be added to the child’s birth certificate as their legal father. The court also can issue a child support order, and the father can ask the court for an order providing him with custody or visitation. The child may receive additional advantages from establishing paternity, including the right to inherit from the father’s estate and access to medical benefits and other benefits through the father.
Massachusetts Paternity Forms and ResourcesMichigan
A Michigan paternity action usually begins when a parent or another party with legal standing files a complaint to establish paternity in court. A complaint may be filed in the county where the mother lives or the county where the child lives. If paternity is contested throughout the proceedings, a court eventually may order genetic testing. A positive test result likely will lead to an order of filiation, which establishes paternity and places the father on the child’s birth certificate. If the father denied paternity, but paternity is established, he may be ordered to pay for testing. A father then can pursue child custody, while a mother can pursue child support. A child will receive inheritance rights and potentially certain benefits related to the father.
Michigan Paternity Forms and ResourcesMinnesota
To resolve a dispute over paternity, a party with legal standing can file a Minnesota paternity proceeding in court, seeking an order of filiation. The proceeding must be filed in a district court that has jurisdiction over a child or a non-filing parent. While a parent or a child most often files a paternity action, a representative of the state can pursue an order of filiation on behalf of the public if the child is receiving public benefits through the state. Genetic testing usually serves as the basis for a paternity decision. If a man is confirmed as the father, he may be ordered to pay the costs of testing. The father also may be ordered to pay child support and provide health insurance coverage, and he can seek child custody or visitation rights.
Minnesota Paternity Forms and ResourcesMississippi
A Mississippi paternity action usually begins when a parent or a child files a court case to determine the identity of the child’s father. A paternity case should be filed in the county where the child lives, the county where the mother lives, or the county where the alleged father lives or holds property. Genetic testing of the mother, the alleged father, and the child usually will determine the outcome of a paternity case. While a case may be filed during pregnancy, it will not be decided until the child is born. Establishing paternity results in placing the father on the child’s birth certificate, and it may provide a foundation for child support and custody. A father also may need to pay pregnancy expenses and provide health insurance for the child.
Mississippi Paternity Forms and ResourcesMissouri
Often, a Missouri paternity dispute results in a circuit court proceeding in which a judge determines the father of a child. An action may be pursued in the county where the mother or the alleged father lives, the county where the child lives, or a county where proceedings to settle the estate of a deceased putative father are held. In other situations, a parent may ask the Missouri Family Services Division to conduct genetic testing to help determine the identity of a father. The Family Services Division may pay the costs of genetic testing in some cases. If paternity is established, the name of the putative father will appear on the child’s birth certificate as their legal father. Moreover, a court can order child support and arrange for child custody.
Missouri Paternity Forms and ResourcesMontana
A Montana paternity action may be filed by a parent or another party with legal standing in a district court. In some cases, the Montana Department of Public Health and Human Services (through its Child Support Enforcement Division) will file a paternity action on behalf of a child. A court often will rely on genetic testing of the mother, the alleged father, and the child. A finding of paternity requires a 95 percent likelihood that a man is the biological father of a child. This will result in naming the man as the father on the child’s birth certificate, and it may lead to orders governing related family law matters, such as child support and custody. While a paternity proceeding can start while the mother is pregnant, it may not be resolved until the child is born.
Montana Paternity Forms and ResourcesNebraska
A parent or another party with legal standing can start a Nebraska paternity proceeding by filing a paternity petition in court. Since this is necessary only if paternity is disputed, a court typically will order the child, the mother, and the alleged father to undergo genetic testing. If the alleged father does not comply, the court may treat non-compliance as evidence of paternity, although this does not automatically result in a finding of paternity. If a court establishes paternity, the mother can ask the court to order the father to pay child support and provide medical insurance. A court sometimes may award childbirth costs and past child support for up to four years after the birth of the child. Meanwhile, the father can pursue child custody or visitation rights.
Nebraska Paternity Forms and ResourcesNevada
A Nevada paternity action usually begins when a party with legal standing files a case in the district court. Since paternity is contested or unknown when a court action is initiated, a court may order the mother, the alleged father, and the child to submit to genetic testing. Compliance is mandatory, and a court may be more likely to establish paternity if an alleged father does not comply with this order. A positive result from a DNA test usually will lead to an order of paternity, which will add the man as the father to the child’s birth certificate. In addition to receiving child support and health insurance from the father, a child will become eligible to inherit from the father’s estate and receive certain benefits through the father.
Nevada Paternity Forms and ResourcesNew Hampshire
If paternity is not easily established, a parent or another party with legal standing can file a New Hampshire paternity action in court. This often occurs when a man denies paternity or when a mother does not know which man is the father of her child. If paternity continues to be contested as the proceedings move forward, a court may eventually order genetic testing. A judge will establish paternity if genetic testing shows that a man is the biological father of the child. This can lead to orders establishing child support and child custody. A mother sometimes can ask the court for compensation for childbirth costs and past child support for the first four years after the child’s birth. A father also may need to provide health insurance coverage for a child.
New Hampshire Paternity Forms and ResourcesNew Jersey
A New Jersey paternity action usually starts when a parent or another party with legal standing files a case in a New Jersey Superior Court. This may result in genetic testing if the parents fail to reach an agreement or if the mother is uncertain about which of two or more men is the father. A person who has been ordered to undergo genetic testing must comply or face the risk of an involuntary determination of paternity in some situations. Paternity actions may start before a child is born, but a court cannot establish paternity until after the birth. If a court establishes paternity, a mother may ask the court to order child support and health insurance coverage, and a father can ask the court to arrange for custody and visitation.
New Jersey Paternity Forms and ResourcesNew Mexico
When paternity is not easily resolved, a parent or another appropriate party may pursue a New Mexico paternity action in court. Generally, an individual will file this action, but the child support enforcement agency can seek a finding of paternity if the state is providing public benefits to the child. If paternity is contested or uncertain, the court can order the child, the mother, and the alleged father to undergo genetic testing. If an alleged father refuses to undergo testing as ordered by a court, his failure to comply may result in an involuntary finding of paternity. Establishing paternity can result in orders of child custody and support, and it also can open the door for a child to inherit from the father’s estate and receive certain benefits through the father.
New Mexico Paternity Forms and ResourcesNew York
A New York paternity action generally starts when a party files a paternity petition in the family court in a county where either the petitioner or the respondent lives. If a court finds paternity, it can issue an order of filiation that establishes the man as the legal father of the child. The respondent will receive notice of the petition and an opportunity to be heard. Each party has a right to hire a lawyer, and a court may assign a free lawyer to a party who cannot pay for a lawyer. Unless the parents consent to paternity, a court may order DNA testing. If the parents still disagree after receiving the test results, a court will hold an evidentiary hearing at a later date. The burden of proof will depend on the likelihood of paternity shown by testing.
New York Paternity Forms and ResourcesNorth Carolina
A party with legal standing can start a North Carolina paternity action by filing a complaint in superior court. Most often, a parent starts a paternity action, but a state entity can start the action if the state is providing public benefits to the mother or the child. Sometimes a paternity case will be resolved before trial, but a judge will need to determine paternity if it is contested. Paternity usually hinges on genetic testing, which a court can order. A 97 percent probability that a man is the biological father of a child is required to establish paternity in North Carolina. If this threshold is met, a judge will establish paternity. They also can issue orders providing for financial support for the child and determining where the child will live.
North Carolina Paternity Forms and ResourcesNorth Dakota
Someone seeking to establish paternity can file a North Dakota paternity action in a district court. Most often, a parent files this action, but the child support enforcement agency may file if the mother or the child is receiving benefits from the state. Any party involved in the proceeding has a right to request genetic testing, and the court must order it upon request. A party of whom genetic testing is ordered must submit or face penalties for contempt of court, such as jail time and fines. If a case reaches trial without genetic testing, the judge will order testing at that stage. A final paternity order will add the father to the child’s birth certificate and may lead to additional orders affecting the parents and the child, including orders of child custody and support.
North Dakota Paternity Forms and ResourcesOhio
A parent or another party with legal standing can file an Ohio paternity action. The state child support enforcement agency will pursue the case if either the child or the mother receives public benefits. The child support enforcement agency may order the child, the mother, and the alleged father to undergo DNA testing. A positive test result will lead to an administrative order of establishment of paternity, which carries the same weight as a court order. However, it does not provide for child custody. If the child support enforcement agency does not resolve paternity, a judge in a juvenile probate court will decide paternity. A judge also can order genetic testing and use the results to determine paternity and related issues, such as child custody and support.
Ohio Paternity Forms and ResourcesOklahoma
An Oklahoma paternity action usually starts when a parent files a lawsuit in court. If the mother or the child is receiving public benefits from the state, the Child Support Services branch of the Oklahoma Department of Human Services can pursue the action. In some cases, the parents may agree that the man is the father of the child without going to a trial. Otherwise, a judge will need to determine paternity upon reviewing the evidence, including genetic testing. A finding of paternity requires a 99 percent or greater probability shown by genetic testing. A man who contests paternity and is established as the biological father must repay the state for the cost of the test. A paternity order may lead to orders regarding child support and child custody.
Oklahoma Paternity Forms and ResourcesOregon
An Oregon paternity proceeding starts when a party files a petition to establish paternity in a circuit court. If the paternity of a child who is a minor (under 18) is contested, a parent can ask the District Attorney’s office in their county or the Division of Child Support of the Oregon Department of Justice to assist them with the proceedings. A mother who receives public benefits from a state agency will receive assistance from DCS automatically. A court may require genetic testing to help determine paternity. However, a trial may be needed if the parents do not agree on paternity after genetic testing. Once a judge issues a finding of paternity, they can issue orders on related matters, such as child custody and child support.
Oregon Paternity Forms and ResourcesPennsylvania
A parent or another party with legal standing can start a Pennsylvania paternity action by filing a petition to determine paternity in the Family Court. In some cases, a mother who has custody of a child will trigger a paternity evaluation by filing a complaint for child support. If the parents agree on paternity, the court can immediately issue an order establishing paternity and adding the father to the child’s birth certificate. If paternity is contested, the court can order the alleged father and the child to undergo DNA testing. The court will issue an order of paternity upon receiving a positive DNA test. This will entitle the mother to receive child support from the father if needed, and it will entitle the father to request child custody or visitation rights as appropriate.
Pennsylvania Paternity Forms and ResourcesRhode Island
A Rhode Island paternity proceeding starts when a parent or another party with legal standing files a complaint for paternity in a Family Court. Sometimes the Rhode Island Office of Child Support Services will help the mother of a child file the legal documents. If paternity is contested, a court usually will decide based on genetic testing of the child, the mother, and the alleged father. An order of paternity will result in adding the father to the child’s birth certificate, and it enables the mother to ask the court to order the father to pay child support. Conversely, a father can ask the court to order custody or visitation with the child. In addition to the right to inherit from the father’s estate, the child may receive benefits through the father.
Rhode Island Paternity Forms and ResourcesSouth Carolina
A South Carolina paternity action often starts with the filing of a petition to establish paternity in a Family Court. Other ways to trigger an evaluation of paternity include requesting a DNA test through the South Carolina Department of Social Services or filing for child support in court. If the court finds that a man is the biological father of the child, it will issue an order adding him to the child’s birth certificate. A court also may issue related orders affecting child custody and support. When paternity is established, a child may have access to health insurance, Social Security benefits, and other benefits through their father. They also will have the right to inherit from the father’s estate, among other advantages.
South Carolina Paternity Forms and ResourcesSouth Dakota
In many cases, a South Dakota paternity action starts when a parent files a petition to establish paternity in a circuit court. In other situations, a mother who has custody of a child may start a paternity proceeding by pursuing child support, which automatically triggers an evaluation of paternity when a child does not have a legal father. The proceeding will end efficiently if the alleged father acknowledges paternity, but a judge can order DNA testing if paternity is contested. A judge will issue a judgment of paternity if DNA testing shows that the man is the child’s biological father. Other orders may be issued during a paternity proceeding, including orders to establish child support and child custody.
South Dakota Paternity Forms and ResourcesTennessee
A Tennessee paternity proceeding usually begins with the filing of a petition to establish parentage in a court. A party can file in the county where the child, the mother, or the alleged father lives. Any dispute regarding paternity is generally settled by DNA testing, which involves swabbing the inside of the cheeks of the child, the mother, and the alleged father. The court will issue an order establishing paternity if testing shows that the man is the biological father. This will result in adding the man’s name to the child’s birth certificate. The court may order the man to pay child support and provide for child custody or visitation. Establishing paternity may provide the child with access to medical benefits and inheritance rights, among other things.
Tennessee Paternity Forms and ResourcesTexas
A parent or another eligible party may start a Texas paternity action by filing a petition to adjudicate parentage in the county where the child lives. The mother and the alleged father each have a right to be represented by an attorney. A non-filing parent will receive notice of the proceeding and will be able to appear in court, where they can contest or agree to paternity. If the parents agree on paternity, this will end the case, and the court will issue an order adjudicating parentage and potentially resolving other matters related to the child. If the non-filing parent does not appear in court, the court can issue a default order with the same effect. If the non-filing parent contests paternity, the court will base its decision on DNA testing.
Texas Paternity Forms and ResourcesUtah
In general, a Utah paternity proceeding starts when a petition to adjudicate paternity is filed in the county where the child lives. Either a district court or a juvenile court may hear these actions. Genetic testing will determine paternity in any case in which it is contested or unclear. A finding of paternity will result in adding the name of the father to the child’s birth certificate, and it may also result in arrangements for child custody and child support. The Utah Office of Recovery Services also may launch an administrative paternity action when a child receives government benefits. This proceeding is largely similar to a court proceeding, and ORS orders carry the same weight as court orders, but ORS cannot determine custody or visitation.
Utah Paternity Forms and ResourcesVermont
A Vermont paternity case usually begins when a party files an action to establish parentage in the county where the child lives. Paternity cases are heard in the Family Division of the Superior Court. After a non-filing parent is served notice of the proceedings, they can appear in court and agree to paternity or contest paternity. If they agree to paternity, the court can sign a written stipulation that establishes parentage. If paternity is contested, genetic testing will conclusively determine whether a man is the biological father of the child. If the non-filing parent does not appear in court after receiving notice of the proceedings, a court can issue a default order establishing parentage and imposing the same obligations as if they appeared.
Vermont Paternity Forms and ResourcesVirginia
A party with standing can initiate a Virginia paternity proceeding by filing a petition to establish paternity in the Juvenile and Domestic Relations Court in the county of the child’s residence. A non-filing parent will receive notice of the proceeding, and they may be subject to a default order establishing paternity if they fail to appear. Sometimes the parents both appear in court and agree to paternity, which ends the proceeding. However, if the parents do not agree on paternity, the court can require the mother, the alleged father, and the child to undergo DNA testing. This will determine the outcome of a contested paternity action. If a judge finds in favor of paternity, they will add the father’s name to the child’s birth certificate and may issue related orders.
Virginia Paternity Forms and ResourcesWashington
A Washington paternity action usually begins when a party files a petition to establish parentage in the county where the child lives. A non-filing parent will receive notice of the petition and an opportunity to be heard. If a putative father does not appear, the court can declare him the father of the child by default. In other situations, the parents may agree in court that the man is the father, which will lead automatically to an order establishing parentage. If the non-filing parent chooses to contest paternity, the court can order genetic testing of the child, the mother, and the alleged father. If testing shows that the man is the father, the court can issue an order of parentage. The court can issue orders regarding child custody and support at the same time.
Washington Paternity Forms and ResourcesWest Virginia
A West Virginia paternity action usually starts with a petition to establish paternity in a circuit court. Sometimes a non-filing parent will acknowledge paternity when they receive service of the petition. Otherwise, the mother, the alleged father, and the child may need to submit to genetic testing. If a judge finds in favor of paternity, each parent will need to complete a parent education class. They must provide the court clerk with a certificate of completion. A judge who makes a finding of paternity also may decide related issues, such as child custody and child support. Establishing paternity gives a child the right to inherit from each parent, and it may provide them with access to certain benefits, such as medical insurance.
West Virginia Paternity Forms and ResourcesWisconsin
A parent or another party with standing can file a Wisconsin paternity petition in the county where the child lives. A non-filing parent then will receive service of the petition and will be entitled to appear at a hearing to decide paternity. A judge may order genetic testing for the alleged father and the child. A finding that there is a greater than 99 percent chance that the man is the father of the child will lead to a finding of paternity unless a party can present convincing evidence to the contrary. Before the case reaches a full trial, the parties will have an opportunity to present evidence at a pre-trial hearing. The judge then can recommend that the alleged father acknowledge paternity or that the case be dismissed, avoiding a full trial.
Wisconsin Paternity Forms and ResourcesWyoming
A Wyoming paternity action typically begins when a party files a petition in a district court. They can file in the county where the mother, the child, or the alleged father lives. The petition also can request court orders related to child support and child custody and visitation. If the court orders genetic testing, this may lead to an agreement between the parents on paternity. Otherwise, the court can hold a hearing and make a determination regarding paternity based on the evidence and testimony presented. Just as a paternity petition can address child custody and support, an order following a paternity hearing can cover these matters. Establishing paternity also provides a right of inheritance and potential access to benefits.
Wyoming Paternity Forms and ResourcesLast reviewed January 2023
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