A woman has a baby after the father has been out of the picture for several months. The father won't acknowledge that the child is his. What can she do? Or, a man finds out his girlfriend had a baby and there's a good chance he's the father. When he approaches her, she admits that he probably is the father, but she won't allow him visitation. What rights does he have? These issues are both issues concerning paternity and child custody. To help you with this area, here are some frequently asked questions, and their answers, about child custody and paternity.

1. What is paternity?

Paternity is an recognized and established relationship between a father and a child. It is the word that is used when a man is acknowledged to be the father--and the father has rights and duties concerning paternity.

2. How is paternity established?

There are several ways that paternity can be established. If the mother is married, her husband is automatically granted paternity of the child. If the father and mother aren't married, but the father knows the child is his, he can sign a paternity acknowledgment form, and he is granted paternity. If there are disputes over who the possible child is, a paternity petition may be filed. This goes to court and the man and child take a DNA test. If the DNA test is positive, the father has the opportunity to sign a paternity acknowledgment form before the case goes to court.

3. What responsibilities come with paternity?

If paternity has been established and the father is no longer with the mother, the father is responsible for child support payments. This is the case if a married couple divorces or if an unmarried father is no longer with the mother. The father also has responsibilities to see that his child is cared for.

4. What rights come with paternity?

The father doesn't have to only pay child support though. When paternity is established, the father is granted child custody and visitation rights to his child. He has the legal right to be involved in his child's life. If a mother won't grant a father visitation, he should file for child custody and start a custody case. He can present a plan in court to get visitation time.

5. Can paternity be challenged?

Sometimes, a married man will find out that he is not the father to his wife's child. Paternity in these cases can be challenged--although there are some states that only allow you to challenge paternity within the first year of the child's life. If the paternity is challenged and the man is not the father, he will not be responsible for child support payments if he couple separates.

Find out more information about paternity and discover how Custody X Change can help you with your child custody questions.

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