Establishing Paternity By Court Proceeding
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A father who wishes to establish paternity has a few options, including filing a separate Petition to Establish Paternity or including a request for paternity determination in a custody or child support petition. Ultimately, the decision of whether to file a separate Petition to Establish Paternity or include a request for paternity determination in a custody or child support petition will depend on the specific circumstances of the case.
Children born to unwed parents do not automatically have a legal right to a father without a paternity action establishing the identity of the father. Louisiana allows fathers in this situation to establish paternity when agreed upon, by the voluntary execution of the Acknowledgment of Paternity form without a formal court action. A father in this situation may also choose to establish paternity through the court process when paternity is contested.
How To File A Petition To Establish Paternity
How To File A Petition To Establish Paternity
You will need to get the appropriate forms for filing a petition to establish paternity from the Louisiana court website or the courthouse in the parish where you live.
The forms will ask for basic information about the child, mother, and potential father, as well as information about why you are seeking to establish paternity.
Once the forms are complete, you will need to file them with the clerk of the court in the parish where the child resides. There may be a filing fee associated with this process.
After the petition is filed, a hearing will get scheduled. You will need to attend the hearing and the mother and the child may also be required to attend.
If the mother or potential father contests paternity, genetic testing may be ordered by the court. This testing will typically involve a cheek swab to collect DNA samples.
After the hearing and genetic testing, the court will issue a decision on whether or not paternity is established. If paternity is established, the court will also determine any child support obligations, custody arrangements, and visitation rights.