Legal Definitions - paternity action

A paternity action is a legal case filed in court to officially determine the biological father of a child. This type of action is typically initiated to establish legal parentage, which can then lead to court orders regarding child support, custody, visitation rights, or to secure inheritance rights for the child. It often involves genetic testing to confirm biological ties.

Here are some examples of how a paternity action might be used:

• Example 1: Establishing Child Support

  After giving birth, Maria struggles financially to care for her son. She identifies David as the biological father, but he denies paternity and refuses to provide any financial assistance. To ensure her son receives the support he needs, Maria files a paternity action in court. The court orders DNA testing, which confirms David is the father. With paternity legally established, the court can then issue an order requiring David to pay child support.

• Example 2: Seeking Parental Rights and Visitation

  Mark believes he is the father of a young girl, Emily, but Emily's mother, Sarah, refuses to acknowledge his role or allow him to see Emily. Mark deeply desires to be a part of Emily's life and exercise parental rights. He initiates a paternity action to legally establish his fatherhood. Once the court confirms his paternity through genetic testing, Mark can then petition the court for visitation rights and potentially shared custody of Emily.

• Example 3: Securing Inheritance or Benefits

  When Mr. Henderson passes away unexpectedly without a will, his adult daughter, Lisa, learns that he may have had another child, a teenage boy named Alex, whose paternity was never legally established. Alex's guardian wants to ensure Alex receives any inheritance or social security survivor benefits he might be entitled to from Mr. Henderson's estate. The guardian files a paternity action on Alex's behalf to legally prove that Mr. Henderson was Alex's biological father, which is a necessary step for Alex to claim his rightful share of the estate or benefits.