Impact of Paternity on Other Decisions

Impact of Paternity on Other Decisions

A paternity case often precedes other legal filings. In the case of a father wanting to disprove paternity, this action may come before a father’s action to recover support already paid or a divorce filing. For a father who wants to acknowledge paternity, the action may lead into other requests from the court, including:

Child Support

Once a father’s identity is revealed, he may then be pursued for child support from the mother or guardian of the child. Child support guidelines help determine the proper amount of support that should be paid. In many jurisdictions, child support is determined on a pro rata basis in which both parents incomes are added together and the noncustodial parent is then ordered to pay the amount of support based on his or her proportionate share of the total income.

Visitation

In states that observe visitation agreements, a paternity action is usually a precursor to a request to receive visitation rights. Most states treat child support separate from visitation agreements. This means that a father does not necessarily have the right to visitation by virtue of paying child support. Likewise, a father who does have visitation rights to his child usually cannot be denied visitation by the mother simply for not paying child support.

Parenting Plan

Many jurisdictions use parenting plans when a child’s parents are no longer together. Parenting plans are usually drafted after mediation or negotiations between the parties and their legal representatives. Jurisdictions prefer this method so that parents can help reach an agreement regarding their children without the court’s intervention. Parenting plans may include information about visitation dates, holiday sharing time, contact through phone and mail and other such matters related to the time with parents. Additionally, parenting plans may include information about school, education, religion, extracurricular activities and the child’s health.

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MEDIATOR OF THE MONTH: Jeffrey Grayson
Impact of Paternity on Other Decisions