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What is a parentage action?
A parentage action is the process whereby an unmarried father can establish his legal rights to a child. Even if the father has signed the affidavit of paternity and his name is on the birth certificate, he is not a legal father until the court has made a judgment that he is the legal father.
What if we've been living together and he has always acted as the child's father.
That is more evidence that he is the child's father and often will mean no DNA test has to be done, but it does not give him parental rights until a court says so.
Do I have to do a DNA test?
If the father has signed an affidavit of paternity or both parents agree that he is the father, the court does not usually order a DNA test. Usually these are only ordered if the father does not believe or know if he is the father.
What if I don't want the father in the child's life?
Either the mother or the father can file a parentage action. Therefore, if the father wants to make the claim of paternity he can do so whether or not the mother wants him to have contact with the child. If there are reasons to limit contact (father has a violence or substance problem) it is much safer to do a parentage action in which the court can order various interventions, than to do nothing.
If the State filed and I am ordered to pay child support, why can't I see my child?
The state usually files if the custodial parent is receiving public benefits (welfare, medical coverage, etc). Unless one of the parents asks to have custody addressed in that process, the state does not do it. If you are paying child support your paternity has been established and you can file a petition for parenting plan which will allow you to set up a legally mandated schedule to see the child, make decisions, etc., in short, actually have the rights as well as the responsibility (child support) of a parent.
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