Omaha Paternity Attorneys
Establishing Paternity Rights and Responsibilities
Parenting rights – and the obligations that come with them – are at the heart of some of the most difficult and emotional family law matters. While the identity of a child’s mother is always apparent, the biological father may be hard to be legally recognized, especially if either party is unwilling to allow for DNA testing and other paternity verification methods.
At Carlson & Burnett, our caring Omaha family law attorneys can help you pursue what is commonly known as a paternity action. Whether you are a parent who needs financial and emotional assistance with the care of your child, or a loving parent seeking to obtain full child custody or visitation rights, our team will listen to your side of the story, and help you navigate the often rocky waters of paternity establishment.
Give us a call today at (402) 810-8611 to see how we can assist you with paternity actions in Nebraska.
How Can You Identify the Legal Father?
Paternity rights and privileges are automatically conferred on the legal spouse of a woman who gives birth – and this is true regardless of the child’s biological parentage or DNA test results. If you and your partner were not married at the time of birth, however, the state will not automatically recognize the male partner as the father. In this case, paternity is normally established by two methods, signing an Acknowledgement of Paternity or a Court Order establishing paternity.
Voluntary Paternity Actions
In the vast majority of cases, unmarried parents can find a peaceful resolution to this problem. This is generally the easiest and most cost-effective route to establishing a father’s rights and responsibilities.
Some examples of voluntary paternity actions include:
- The couple is married after the child’s birth, and the father signs a legitimation form and/or adds his name to the birth certificate.
- At the time of birth, both parents sign an Acknowledgment of Paternity. This is becoming more common, but, if it is not rescinded within 60 days, the parents become the legal parents of the minor child, even if it is not biologically father’s child, which confers on the father the obligation to support the minor child.
- The father pursues a close, familial relationship with his child and continually welcomes them into his home.
- The parents work out a custody and child support Order through the Courts.
Involuntary Paternity Actions
However, for couples that cannot find a positive resolution on their own, it may be necessary to file a paternity lawsuit. Also called a paternity action, which may require a genetic test. Because these tests are accurate in 99% of cases, the court will consider a positive match as proof of paternity, conferring the father with all the rights and responsibilities of fatherhood. Some involuntary actions may rely on the Acknowledgment of Paternity to establish paternity, and obtain legal rights or enforce support obligations.
Contact us today to learn more!
Work Toward a Better Future With Your Friends at Carlson & Burnett
If you’re looking to establish the paternity of your child, custody and visitation rights, or support through a court action, you can rely on the compassionate and capable Omaha paternity lawyers at Carlson & Burnett. With decades of legal experience and a strong record of trial success, we are deeply invested in helping your family succeed, and to ensure that your child receives care and support from a loving father.