Father’s Rights/Paternity
If you are the father of a child, or believe you are the father on an unborn child, there is important information that our family law attorneys can share.
In the case of an unborn child, a father may consider listing himself in the putative father’s registry with the NH Department of Health & Human Services so that he should be contacted if adoption in contemplated by the mother.
If a mother is receiving state welfare assistance, the State will seek to determine paternity in order to enforce child support. The State attempts to recover a portion of TANF welfare benefits from the biological father.
In a case brought to the Court to establish paternity for child support purposes, the State does not petition to establish parenting rights and responsibilities. The father must file a separate Petition to establish parenting time and related matters.
If a father signs an Affidavit of Paternity at the time of the birth or shortly thereafter, paternity testing is not required. If there is a question that a child may not be yours, if you sign an Affidavit of Paternity, you could be prevented from questioning paternity at a later time. Even if it is later determined that you are not the biological father, you could legally still be responsible for the child financially and be awarded parental rights and responsibilities.
If there is a question of paternity of children born into a marriage, it is important to discuss this matter with an experienced family law attorney. There are many facts to consider before raising paternity as an issue especially regarding the age of the child and the basis for belief that the child may not be yours.
In all cases, the Courts have discretion in determining an appropriate parenting arrangement. The Courts may look at the level of involvement of both parents prior to the filing of a petition. The Courts also consider many other factors in making a determination of parenting rights and responsibilities.
There continue to be many changes regarding parenting issues through the legislature and through NH State Judicial decision. Before you agree to a parenting schedule or any financial considerations for children, it is wise to obtain legal advice on your particular circumstances.
If you have an existing custodial order or orders on financial matters, including health insurance coverage, uninsured medical expenses, post-secondary or private school expenses, or tax exemption provisions, contact our family law attorneys to give you updated advice on your responsibilities and whether modification is appropriate or even possible.
If you are interested in talking to one of our attorneys, we offer a free initial consultation and evening appointments by phone or at our office. Contact Clark Law Offices now at (603) 669-8700 for more information.
