(150+)It is natural to assume that, as a man, if you have had a child with a woman, you are the biological father. In the eyes of the law, though, that is not always the case. If you are not recognized as your child’s biological father, you will not have any rights to child custody or visitation and you may not even be able to establish a bond or relationship with them. Below, our Greenville family law attorney outlines how to establish paternity and the importance of doing so.
The Benefits of Establishing Paternity in South Carolina
When a child is born out of wedlock in South Carolina, the man is not automatically considered the biological father of the child. To obtain rights to the child, the man must establish paternity.
Establishing paternity gives biological fathers the right to child custody, visitation, and the ability to make decisions regarding the child’s education, medical care, and the religion they are raised in.
Without establishing paternity, mothers have all of these rights. Mothers even have the right to terminate visitation, essentially removing the father from the child’s life.
In addition to legal and physical custody, establishing paternity has other benefits for the entire family. These are as follows:
- Feeling of stability and security for the child
- Access to health insurance, inheritance, and Social Security benefits for the child
- Access to medical histories of both parents
- Shared financial responsibilities
- Shared parenting responsibilities
Establishing paternity is particularly important if the mother is married to another man. Marriage presumes paternity and so, even if the male spouse is not the biological father, they will be considered such in the eyes of the law.
Establishing Paternity at the Hospital
It is possible to establish paternity at the hospital when a child is born. Unwed parents can establish paternity simply by signing the Paternity Acknowledgement Affidavit. The father acknowledges that he is the biological father by signing the form and his name will appear on the birth certificate.
Simply having a name appear on the birth certificate without an Acknowledgment of Paternity is not enough to establish paternity.
After the mother and father both sign the Acknowledgement of Paternity and get the form notarized, paternity has been established. After the Affidavit has been signed, the father has only 60 days to rescind it, which can be done through the Department of Vital Records.
How to Establish Paternity in South Carolina After a Child’s Birth
There are several ways to establish paternity after a child has been born. If both parents voluntarily agree to establish paternity, they can complete the Paternity Acknowledgement Affidavit at the South Carolina Department of Health and Environmental Control (DHEC), or the health department in the county where the child was born. A small fee is charged when submitting this form to the health department.
Fathers can also establish paternity independently from biological mothers. To do this, they must fill out a Non-Custodial Application for Services at the Department of Social Services (DSS) child support office. There is a small processing fee for filing this form. The DSS will then conduct a DNA Test free of charge. If legal paternity is established and the parents do not live together, the mother will be encouraged to pursue child support. If the results from the DNA test are negative, child support cannot be pursued.
Mothers can also seek to establish paternity with the intent of obtaining child support. Mothers can also do this at a DSS child support office. If the man confirms in court that he is the biological father of the child, without DNA test results, he will be considered the child’s legal father permanently. If a man has any hesitation about whether he is a child’s biological father, he should request a DNA test at the first DSS administrative hearing. Recent data shows that in over 25 percent of cases in which a father asked for a DNA test, the results came back negative.
How Can a Greenville Family Law Attorney Help Establish Paternity?
South Carolina paternity laws do not require you to work with an attorney when establishing your parental rights. However, there are many benefits of having legal representation. Firstly, a lawyer can help you fill out the Acknowledgement of Paternity form and ensure it is properly submitted.
One small mistake could make a big difference in your paternity case.
If the other parent is challenging a paternity claim, you may have to obtain a court order. In these cases, you will need to present evidence to prove your case and give you the best possible outcome.
A lawyer can advise on the best evidence to prove your case and help you collect it. Common types of evidence used in these cases are as follows:
- DNA test results with a 95 percent or higher probability of paternity
- A signed Acknowledgement of Paternity form witnessed by an adult unrelated to the child in question
- A foreign determination of paternity
- An expert opinion regarding the time of the child’s conception
- Testimony from the child’s other parent
After a review of the evidence, a court order may be issued to establish paternity, as well as the rights and responsibilities of each parent.
A lawyer can help you present this evidence to the case in the best way possible, and argue your case so you obtain the most favorable outcome.
Our Family Law Attorney in Greenville Can Advise On Your Case
Our Greenville family law attorney, Angela Frazier at Elliott Frazier — Family, Personal Injury & Car Accident Attorneys, LLC, knows the importance of establishing a legal relationship between parents and children, as she is a proud mom of two children herself. It is why she is so dedicated to fighting for the rights of parents and ensuring they are always upheld. If you are involved in a paternity dispute, she will fight for you, too. Contact us to request a consultation and to learn more about how we can help with your case.
