Establishing Paternity in Idaho
Award-Winning Boise Child Custody Attorneys
Fathers have two different statuses with regard to their children: biological
parentage, and legal parentage. In Idaho, married couples who have a baby
are automatically awarded both statuses in the eyes of the state—there
is no question that a person’s husband is the biological and legal
father of a child unless it’s disputed by either parent.
However, unmarried couples are not offered the same recognition. If someone
fathered a child with a person he was not married to, the law does not
recognize him as the legal father until it’s validated in court.
Why does that matter? Because only legally-recognized fathers are subject to
child support laws, and only legally-recognized fathers are entitled to spending time
with their children. In the event of a
divorce or break-up, non-recognized fathers can legally avoid child support and
can be denied custody.
If you need help establishing paternity, our Boise child custody attorneys
provide effective and compassionate counsel to protect your rights and
your child’s well-being.
Contact us today.
The Two Ways to Establish Paternity in Idaho
There are two routes to legally recognizing a man as a child’s father.
The first one is fairly simple: shortly after the child is born, both
parents will be given an Acknowledgment of Paternity Form by the hospital.
This voluntary form allows both parents to affirm that the unmarried partner
is the legal and biological father of the child. This puts the father’s
name on the birth certificate and affords all the same duties and privileges
as a married man’s signature would.
Without this form, the child’s birth certificate will only have the mother’s
name. If done at the hospital, there’s no charge for it.
The other way to establish paternity is by filing a paternity action. These
actions are usually only filed by 1 of 2 parties: a parent, or a government
official from the Idaho Department of Health and Welfare. Mothers that
need child support will turn to the DHS’ Child Support Services
program to prove paternity on their behalf, legally obligating the father
to pay. Fathers will also file paternity actions to sue for shared custody
of their children.
Judges overseeing paternity actions have “broad powers” with
regard to proving the identity of the father. They can demand genetic
testing, issue arrest warrants for parents who do not appear in court,
and essentially do whatever it takes to resolve the paternity action.
If a person is successfully shown to be the father, the court will file
an Order of Filiation establishing the legal father of the child.
Call the Attorneys at Bublitz Law, P.C.
Bublitz Law has been Boise’s answer for thousands of families and
family law disputes. Our team has continually provided award-winning, genuinely compassionate
representation to bring families together, secure children’s futures,
and help parents affirm their rights to custody and support. If you’re
fighting for your parental rights, Bublitz Law gives you the competitive
advantage you’re looking for.
Call (208) 286-2111 or
contact us online for a free consultation on your case. If you need help establishing paternity,
we’ll make sure the question is answered once and for all.