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PATERNITY/PARENTAGE COURT CASES
[General information only. Talk to a lawyer for legal advice.]

THESE ARE VERY IMPORTANT CASES. YOU SHOULD READ THIS CAREFULLY. IF YOU CANNOT AFFORD A LAWYER, THE COURT MAY APPOINT ONE FOR YOU. THERE ARE COUNTY PUBLIC DEFENDERS AVAILABLE TO HELP YOU. SUPPORT AND COLLECTIONS AND THE COUNTY ATTORNEY ESTABLISH PATERNITY AND COLLECT CHILD SUPPORT. THEY ARE NOT INVOLVED IN CUSTODY AND PARENTING TIME (FORMERLY AND MOST COMMONLY CALLED "VISITATION") ISSUES.

I. FOR THE DAD:

  • If you are not sure if you are the dad, you can ask the Court for genetic (including blood) testing to see for sure.
  • You can also have a lawyer represent you. If you cannot afford to pay for one an attorney, the Court may appoint one for you.
  • You can ask for a jury or court trial to decide if you are the dad.
  • If you had intercourse with a woman and want to make sure you are notified if a child is born, you can register with the Father's Registry at the Secretary of State's office so the child cannot be adopted, under "father unknown".

II. FOR THE MOM:

  • You can ask the court for genetic (including blood) testing if you are not sure if the named father is the biological father.
  • You can also have a lawyer represent you on custody and parenting time (formerly and most commonly called "visitation") issues. If you cannot afford to pay for an attorney, the Court may appoint one for you.
  • You can ask for a jury or court trial about whether the named father is the biological father.

III. WHAT ARE PATERNITY CASES ABOUT: (for the mom and dad)

Paternity cases involve important decisions affecting the child:

  • CHILD SUPPORT. If the child does not live with you, the Court will probably require you to pay child support. If you are not working, and are able-bodied, the Court can make you look for work or participate in an employment program. Child support includes the birthing expenses, past child support, health insurance for the child and day care expenses.
  • PHYSICAL AND LEGAL CUSTODY.

  • Þ Physical custody: Identifies the parent with whom the child lives.

    Þ Legal custody: Identifies the parent who gets to make major decisions about the child. Joint legal custody means that both parents have a say in important decisions about the child.
  • parenting time (formerly and most commonly called "visitation"). This means how the other parent (with whom the child does not live) is scheduled to see the child.

  • Þ Reasonable parenting time (formerly and most commonly called "visitation") means that it is worked out between the parents.

    Þ Supervised parenting time (formerly and most commonly called "visitation") means that someone else is there with the child during parenting time. This is usually ordered when there are safety concerns as a protection for the child against physical abuse or intoxication of the visiting parent.
  • If the parents cannot agree on custody or parenting time (formerly and most commonly called "visitation"), the Family Court may require you to meet with Family Court Services to work something out between yourselves. This is called mediation. Family Court Services is an important agency that helps the Family Court decide custody and parenting time (formerly and most commonly called "visitation"). If you and the other parent cannot work it out, Family Court Services may make a recommendation.

    An evaluation by Family Court Services carries a lot of weight with the Court.

For more information about custody evaluations by the Department of Court Services, see Department of Court Services information document.



Copyright © 1997 Mary C. Lauhead. This document was obtained from http://mclauhead.com.

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