Establishing Paternity: Rights, Obligations, and Legal Process
When paternity is established, it opens the door to both legal rights and obligations—each with long-term implications for the child and both parents. Whether you're a father looking to claim your rights, a mother pursuing support, or a guardian needing clarity about a child’s legal parents, a knowledgeable family lawyer can provide support throughout the legal process.
At our firm, Heckert & Moreland Co. LPA, Mitch Moreland and Chris Heckert regularly represent parents across Columbus and central Ohio in paternity cases involving questions of custody, support, and parental rights. For fathers, mothers, and children alike, establishing paternity can shape everything from visitation schedules to financial support.
A family lawyer plays a key role in helping individuals pursue or challenge paternity, protect legal rights, and understand the lasting consequences of parentage determinations. Contact Heckert & Moreland Co. LPA today to discuss your paternity matter and learn how we can protect your rights and guide you through every step of the process.
Why Establishing Paternity Matters
Establishing paternity isn't just about confirming biological ties. It carries legal weight and has far-reaching consequences for everyone involved, especially the child.
Some legal rights and responsibilities that flow from paternity include:
Custody and visitation rights: A legal father gains the right to seek parenting time and involvement in the child’s life, even if the parents never married.
Child support obligations: Once paternity is confirmed, a father may be ordered to contribute financially toward the child’s upbringing.
Inheritance rights: A child gains rights to inherit from the father, potentially including Social Security benefits, life insurance claims, and veterans’ benefits.
Access to medical records and decision-making: Legal fathers often receive access to the child’s medical and school records and may participate in making important decisions.
Emotional and social identity: For the child, having legal recognition of both parents supports identity, family connection, and access to health history.
It’s important to understand these rights and responsibilities before pursuing this issue.
Voluntary Versus Court-Ordered Paternity
In Ohio, establishing paternity typically occurs in one of two ways: voluntarily or through a court process. Both paths result in legal recognition of the father-child relationship but differ significantly in terms of timing and procedural requirements.
Voluntary Establishment of Paternity
Many paternity determinations occur soon after a child’s birth, especially when the parents are unmarried. In these cases, both parties may choose to sign an Acknowledgment of Paternity Affidavit, a legal document that:
Confirms the man is the biological father
Grants him legal rights and obligations
Removes the need for court proceedings, unless disputed later
This form is often signed at the hospital shortly after birth but can also be completed later through the Central Paternity Registry or a child support enforcement agency.
When the Court Gets Involved
If either parent refuses to sign the affidavit or questions arise about biological parentage, a court may intervene. A family lawyer can initiate a paternity action through the local domestic relations or juvenile court.
In court-ordered cases, genetic testing may be required. Once results confirm paternity with the required level of certainty (typically 99% or greater), the court can issue a formal paternity order. This determination carries the same legal force as a birth certificate listing or affidavit acknowledgment.
How Paternity Affects Custody and Visitation
Legal recognition of fatherhood directly affects a parent’s rights to spend time with the child and participate in decisions. For unwed fathers, paternity is often the first and most important step toward shared parenting.
Once paternity is legally confirmed, the father can petition the court for:
Shared parenting: Both parents jointly make decisions about education, healthcare, and religious upbringing.
Parenting time schedules: Courts may approve fixed or flexible visitation arrangements, depending on the child’s best interests.
Custody modification: If a father was previously excluded from the child’s life, paternity recognition may lead to a re-evaluation of existing custody orders.
Courts in Columbus and across central Ohio always consider the child’s best interests when granting parental rights, and a biological link is only one factor.
Others include:
Stability of each home environment
Willingness to foster the child’s relationship with both parents
Prior involvement in the child’s life
The child’s adjustment to school and community
Any history of abuse or neglect
A family lawyer can help present compelling evidence about parenting ability, home conditions, and child well-being to support requests for custody or visitation.
How Paternity Impacts Child Support
Legal fatherhood doesn’t just bring parental rights—it also brings financial obligations. Once paternity is confirmed, the state can impose a child support order to benefit the child’s development and living conditions.
Ohio uses an income shares model to determine child support. This method considers:
Both parents’ incomes
Health insurance costs
Childcare expenses
Number of children supported
The final amount aims to reflect the level of financial support the child would have received had the parents lived together.
Retroactive Support and Reimbursement
In some cases, courts may order a father to pay retroactive child support going back to the child’s birth. This can also include:
Birthing costs: Reimbursement to the state or mother for prenatal and delivery-related expenses
Welfare reimbursement: If public assistance was provided, the court may require the father to repay those amounts
A family lawyer can help determine whether a support order is fair, how to address arrears, and whether deviations from the standard calculation are justified based on hardship or other factors.
Genetic Testing in Paternity Cases
When paternity is contested or unclear, genetic testing plays a crucial role. DNA analysis provides a scientific basis for resolving disputes and eliminates uncertainty for the court.
What to Expect From Court-ordered Testing
Genetic testing generally involves a painless cheek swab from the mother, child, and alleged father. The sample is sent to an accredited laboratory for analysis. Key points include:
Results are typically available within a few weeks
A match of 99% or more usually results in a paternity determination
Refusal to comply with testing may be considered contempt of court
Once the court accepts the DNA results, the judge may issue an order establishing paternity and proceed with support or custody decisions.
Disestablishing Paternity or Challenging False Claims
While many paternity cases involve establishing a father-child bond, others involve challenging a previously established relationship. This may occur when a man discovers he isn't the biological father after signing an acknowledgement or being named on the birth certificate.
Legal Avenues to Challenge Paternity
Challenging paternity can be difficult, especially if significant time has passed. A family lawyer may petition to rescind a prior acknowledgment or request court relief based on:
Fraud or misrepresentation: If the man was misled about his biological connection to the child
Genetic evidence: New testing results that contradict earlier assumptions
Mistaken identity: Situations where the alleged father was incorrectly identified
Time limits often apply to these actions. In Ohio, a motion to rescind an affidavit of paternity typically must be filed within 60 days, unless fraud or duress can be proven. Legal representation is critical to meeting deadlines and presenting a valid challenge.
Legal Consequences of Establishing Paternity
Confirming paternity brings significant rights—but also lifelong obligations. Before signing any legal acknowledgment or attending court, it’s important to understand the full scope of what’s at stake.
The long-term impact on parents and children can include:
Permanent legal responsibility: Once paternity is legally established, a father is generally responsible for support until the child turns 18—or longer if the child has special needs or remains in school.
Custody enforcement: Legal paternity gives both parents standing to petition for parenting time, visitation enforcement, or relocation restrictions.
Adoption and parental termination issues: A legal father must typically consent to an adoption, and his parental rights can only be terminated through formal proceedings.
Relationship building: For fathers eager to participate in their child’s upbringing, paternity can be a foundation for a lifelong bond and meaningful parenting role.
Be sure to consider these consequences carefully.
When to Contact a Family Lawyer
Because paternity involves custody, support, and long-term responsibility, legal guidance is critical. Whether you’re initiating a case or responding to a claim, working with a family lawyer gives you the opportunity to protect your interests and pursue a fair outcome.
A lawyer can assist with:
Filing or responding to paternity actions
Preparing for genetic testing and hearings
Drafting custody and parenting agreements
Addressing back child support and birthing costs
Modifying existing support or visitation orders
Challenging paternity based on new evidence
Our lawyers, Mitch Moreland and Chris Heckert, can assist with all of these services.
Contact a Family Lawyer Today
If you’re facing a paternity issue in Columbus or anywhere across central Ohio, our lawyers at Heckert & Moreland Co. LPA can help you protect your rights and fulfill your obligations. Mitch Moreland and Chris Heckert bring a clear understanding of Ohio family law and a commitment to helping parents address parentage, custody, and support with confidence and care.
A qualified family lawyer can help you move forward with clarity, whether you’re seeking parenting time, child support, or answers about your legal status as a parent. Reach out to us today to discuss your situation and explore your next steps.