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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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