Paternity Rights Legal Resources:
Paternity Rights – Legal Issues
Establishing paternity is often done for legal issues. Child support, inheritance rights, custody battles and social security benefits are some of the legal issues that can only be solved by establishing paternity between a child and his father. In this article we'll look at some of the legal issues behind paternity and try to explain how paternity affects each of these issues.
One of the biggest challenges facing any parent is the financial cost of raising a child. Insurance, schooling, basic necessities and healthcare are just a few of the things that can add up quickly. It can be tough for two working parent's, let alone for a mother trying to support the child by herself. It is for this reason that most paternity cases go to court so that the biological father can be identified and forced to provide financial support for the welfare of the child. It is unfortunate that we have to turn to the courts for this but the fact is all too many fathers want to shirk their financial responsibility when it comes to children.
Once a father is identified through paternity testing the child is not only eligible for financial support directly but also for insurance coverage through the father's employer (if offered), inheritance rights to his estate and social security benefits, if any, of the father.
Unfortunately, once paternity is established some fathers continue to try and run from their responsibility. It is for this reason that many courts have to enforce child support orders on the father. Once paternity is established the mother can then go and force court orders on the father, such as those that garnish his wages to provide for child support. It can also be used to approach his employer and other entities to force the rights of the child for the benefits due him or her.
Once paternity has been established the father will have visitation rights and custody rights unless another court order takes that way. Such an example of a court order that would remove such rights would be those enacted by a child support order. Therefore, it is important for the mother of the child to realize that paternity establishment also gives the father specific legal rights.
Let's take a look at some of the rights that come with paternity by outlining them from both the child's and the father's perspective.
By establishing paternity, the child is entitled to specific legal rights as well as other privileges. Those rights and privileges may include:
• Support from both parents
• Legal documentation of who his/her parents are
• Access to family medical records
• Medical and life insurance coverage from either parent
• Inheritance protection
• Social security and veteran's benefits, if applicable
The father gains certain legal rights, which may include:
• Legal establishment of parental rights and responsibilities
• Having his name added to the child's birth certificate
• The ability to add the child to his health insurance plan
• The assurance that social security or veteran's benefits will be paid to the child in the event of his death or disability.
• Protecting his child's right to inherit from him
• The right to seek custody or visitation in a court action and to be consulted about the adoption of the child