Paternity is simply defined as being the biological father of a child. While the term is easily defined, the subject of paternity is complex. Fathers have many rights in paternity cases. If you are the father of a child you can file a lawsuit to ensure that your parental rights are protected. It is in your best interest to have your rights resolved in a court of law.

There are two motivations that are typically at force in situations involving paternity. A mother can file a paternity case in order to seek child support from the child's father. A father may wish to prove paternity in order to seek parental rights such as visitation. The vast majority of paternity cases involve parents who are not married.

There are different laws that govern each state and each jurisdiction when it comes to paternity. Some states require that paternity be sought within a specific length of time after birth; however these laws are slowly becoming obsolete. Most states allow parents to seek paternity at any time.

Paternity cases begin by proving parenthood. The biological father must be determined. Legally the father may be assumed if the father's name is on the birth certificate. Alternately the father may sign a legal form that states that he is the biological father of the child. In many states a paternity test can be used to legally determine the biological father.

Paternity tests are proven to be almost 100% accurate. The paternity test uses a simple cheek or saliva swab from both the child and the father. The test is sent to a lab for evaluation which may take anywhere from a few weeks to a month. With the results in hand the father can seek to enforce his legal parental rights.

Paternity comes with responsibilities as well as rights. The father must provide financial support for his child. This should be done through the legal process to ensure that it is done correctly and documented. However, even fathers who have not been legally obligated to provide child support should still do so. Providing financial support is one of the factors that may be reviewed when parental rights are considered.

Both parents have the same legal rights to see and spend time with their children. Unless one parent can prove that the other may be detrimental to their child's life, the courts will typically provide visitation rights. Even fathers who have been absent from their child's life for a period of time should still be able to see their child. The court system will provide a structured way for parents to deal with child visitation.

In custody cases where the parents are unmarried the same basic principles apply. The courts will determine the parent who should have physical custody and will determine the visitation of the children by the non-custodial parent. Parents may even seek to have joint custody, where the child spends equal time living with both parents. A father's rights are the same whether he was married to the child's mother or not. The family court will make the final decisions of custody and visitation based on what is in the best interest of the child. Any parent who is seeking custody should consult with a good attorney to ensure proper protection of legal rights.

Get more information about paternity and discover how Custody X Change can help you stand up for your father's child custody rights.

Article Source: http://EzineArticles.com/?expert=Abigail_Vernon
http://EzineArticles.com/?Paternity-and-Child-Custody-Rights-of-Fathers&id=2837502