Facts About ESTABLISHING PATERNITY

1 Facts AboutESTABLISHING PATERNITYDIVISION OF CHILD SUPPORT ENFORCEMENTV irginia Department of Social ServicesChildren deserve support from both is a legal obligation for parents to support their IS PATERNITY ? PATERNITY means fatherhood. ESTABLISHING PATERNITY means legallydetermining the father of a child. ESTABLISHING PATERNITY means thatthe father s name can be placed on the child s birth certificate andthat he has legal responsibility for the IS ESTABLISHING PATERNITY IMPORTANT?Every child deserves the financial and emotional support of both amother and a PATERNITY provides personal benefits for a child, suchas:zSelf esteem. Children respond to love and support from bothparents. Children gain a sense of belonging and benefit fromknowing that both parents care for them. They need to knowwho their father is and that he cares About identity.

2 When children know they are part of afamily, they are likely to be more secure About who they areand where they come from. ESTABLISHING PATERNITY identifiesthe father s side of the family, and may encourage contact withother family members, such as grandparents, uncles, aunts orother relatives. It also may give children the opportunity tolearn About and appreciate their cultural parenting. Parenting is the reponsibility of both thefather and the mother. Early PATERNITY establishment may leadto involvement of the father in the child s life. More resourcesare likely to be available to a child supported by two history. ESTABLISHING PATERNITY completes the child shealth history. It is important for children---and thier doctors---to know the family s medical history, particularly genetic traitsro histories of conditions or 1 Page 2 ESTABLISHING PATERNITY creates a legal relationship between thefather and the PATERNITY is required for the father to be legallyreponsible for child PATERNITY is a necessary first step if the fatherrequests visitation PATERNITY may provide legal benefits for the child,such as: A share of social security, disability or veteran s benefits ifthe father dies or becomes disabled.

3 Rights to any inheritance from the father. Rights to medical or insurance 3IS HAVING A CHILD SUCH A BIG DEAL?YES! There is no responsibility, joy or honor greater than parent-hood. Parenthood means providing love, care and guidance, aswell as as food, clothing, shelter and medical care. Paternityestablishment shares the responsibility for a child between themother and the father. Taking responsibility for your child maymean the difference between your child s relying on public assis-tance or being self-sufficient. Even if the parents are not marriedto each other, both parents must support their child until he or shebecomes an IS PATERNITY ESTABLISHED?Both parents can acknowledge PATERNITY voluntarily. Both parentsonly to sign an Acknowledgement of PATERNITY (AOP) form underoath. The most convenient place to sign the AOP is at the hospitalbefore the mother and child are discharged.

4 This is a free serviceoffered by all birthing hospitals and requires that the father presenta photo ID to the birth registrar before he signs the PATERNITY at the hospital gives a child a legal fatherimmediately and ensures that the child s original birth certificateincludes the father s parents are unable to establish PATERNITY at the hospital, the AOPform is available by visiting or calling the Office of Vital Recordsin Richmond, local health department clinics, local departments ofsocial services, and local child support 4 GENETIC TESTSP aternity can also be established by genetic testing to prove theidentity of the ARE GENETIC TESTS DONE?The court or DCSE, if you have a case with the division, willschedule the child, mother and alleged father for testing. If theparties reside in different localities or in different states, they maybe scheduled separately in the areas in which they reside.

5 If DCSEhas arranged the testing, the genetic samples will be collected by arepresentative of DCSE s contracted laboratory and are generallyobtained by swabbing the inner facial cheek. The samples are thensent to the laboratory for testing. The actual sample collectiononly takes a few minutes, and the test results are usually availablein three to four weeks. If you wish to arrange private testing, thereare a number of accredited laboratories that can provide certifiedtest results (pricing varies for private testing).HOW ACCURATE ARE THE GENETIC TESTS?Under Virginia law, test results of 98% or higher prove accurate tests can now provide 99+ percent test results toestablish the PATERNITY of a PAYS FOR THE GENETIC TESTS?When DCSE arranges for testing, if the tested man is found to bethe father, he will be required to pay for the test.

6 If the tested manis not found to be the father and there is an open case with DCSE,DCSE normally pays for the tests. If a court orders testing, it is upto the court to determine who will pay. Generally, when privatetesting is arranged, the laboratory requests payment from theindividual(s) at the time of sample 5 CHILD S BIRTH CERTIFICATEWHAT LAST NAME FOR THE CHILD CAN BE PLACEDON THE BIRTH CERTIFICATE?The mother may place any last name she wishes on the birthcertificate. If both parents sign an Acknowledgement of Paternityform, they may indicate how the child s name should appear on thebirth certificate. If the parents cannot agree, then the personwanting the change must petition the court for an order to HAPPENS IF THE MOTHER IS MARRIED TOSOMEONE OTHER THAN THE BIOLOGICAL FATHEROF THE CHILD?According to Virginia law, the husband of the mother is presumedto be the legal father of her child.

7 If the mother is married or wasmarried up to 10 months prior to the birth of the child to someoneother than the biological father of the child, PATERNITY must beestablished in court. PATERNITY may not be established by voluntar-ily signing an AOP AND VISITATIONU nder most circumstances, when a child is born to unmarriedparents, the child lives with the mother and the mother has legalcustody of the child. However, DCSE cannot address custody andvisitation as those matters must be addressed through the and an order for support can be established without acustody or visitation 6 WHEN PATERNITY IS ESTABLISHED, CAN THE FATHERVISIT THE CHILD? PATERNITY establishment and visitation rights are two separateissues. When the mother agrees, the father may visit the PATERNITY is established, the father may seek visitation rightsthrough the court if the mother is unwilling to allow him to PATERNITY IS ESTABLISHED, CAN THE FATHERASK FOR CUSTODY OF THE CHILD?

8 PATERNITY establishment and custody are two separate issues. Thefather may ask the court to review the custody arrangements at anytime after PATERNITY is established. Courts do not change custodyunless there is proof that it is in the best interest of the child. Thecourts may also consider joint or shared THE FATHER TAKE CUSTODY OF THE CHILDINSTEAD OF MAKING SUPPORT PAYMENTS?No. The father may ask the court to review the custody arrange-ments at any time after PATERNITY is established. Courts do notchange custody unless there is proof that it is in the best interest ofthe OF STATEP aternity should be established for a child even if one parent livesor is planning to live in another 7 WHAT HAPPENS IF ONE PARENT IS OUT OF STATE?States have an agreement that allows the child support enforcementagency to assist the mother in proving who the father is even if helives in a different state.

9 The agreement among states also coverscollecting child support from non-custodial parents in other the parents live in different states, ESTABLISHING PATERNITY willtake longer. Each state operates under the same basic guidelines,but the processes and time frames vary from state to OF THE FATHERWHAT IF THE FATHER IS NOT 18 YEARS OF AGE?A man can be named as the father on a child s birth certificateregardless of his age, but only the court can determine paternityand order the father to help the mother support the child if he isunder 18 years old. PATERNITY can be established by the court forfathers as young as 14 years WE HAVE TO BE CITIZENS TO ESTABLISHPATERNITY FOR OUR CHILD?No. PATERNITY establishment does not have anything to do withyour citizenship status. PATERNITY can be established using theAcknowledgement of PATERNITY form for any child born in theCommonwealth of 8 CONFIDENTIALITYWHO CAN GET INFORMATION FROM THE PATERNITYFORM?

10 The information on your Acknowledgement of PATERNITY form isconfidential. Only the Office of Vital Records & Health Statisiticsin the Department of Health, and the Division of Child SupportEnforcement have access to the information. No other federal orstate agnecy can get this SUPPORTDCSE is not involved with the family unless one parent applies forservices. Either parent may apply for PATERNITY IS ESTABLISHED, DOES THIS MEANONE PARENT MUST PAY CHILD SUPPORT?Both parents are expected to support their child. The non-custodialparent (the parent the child does not live with) is expected to paychild support. If one parent is not sharing the responsibility forsupporting the child, the other parent may apply to the Division ofChild Support Enforcement for assistance. The amount paid by thenon-custodial parent will be based on both parents FIND OUR MORE INFORMATION OR TO APPLY FORCHILD SUPPORT SERVICES:Contact your local DCSE office.