As an unmarried father, what steps do I need to take to establish the paternity of my child?

In order to have any legal rights to the child, a father must take several steps.

Voluntary Acknowledge of Paternity

When a child's born in a hospital to an unmarried mother, the father can sign a Voluntary Acknowledgment of Paternity (VAP). What does this do? By filling out the form, your name will be on the birth certificate for the child. This means you are presumed to be the legal father unless proven not to be. You and the mother will both sign the VAP form, and it must be notarized. If for some reason you're not given the VAP Form, you can go to the Arkansas Department of Health. Or you can go to any local Office of Child Support Enforcement to complete it. Do I get custody/visitation rights to my child after signing the VAP? No. Signing the VAP just means finding out if you're father falls on the mother.  Judicial Establishment of Paternity can be done two ways: You can file a Petition for Paternity or OSCE. Is there a time limit on when I can file a paternity action? No. You can file a petition to establish paternity at any time.

Can I file a Petition for Paternity if I am not on the birth certificate?

Yes. It just means you have the burden of proving paternity. File a Petition for Paternity in the circuit court where you reside. Serve the Petition AND Summons on the other parent (mother). Service can be done by Certified Mail Restricted Delivery, Process Server, or Sheriff’s Department. Mother has thirty days to file a response to your petition or default. If default-can ask Judge to name you the legal father. You must ask for some sort of custody/visitation in your petition. Asking to be named the legal father does not give you any custody/visitation rights. You must specify what rights you want to have. If the mother files a response objecting to your petition, call the circuit clerk to schedule a hearing. At the hearing bring a copy of the child’s birth certificate and/or VAP. It will then be up to the mother to present evidence that you are not the father. The judge can order the mother to set up a paternity test and pay for that test.

When Does the Office of Child Support Get Involved?

The Office of Child Support becomes involved if the mother applies for government assistance, ex. TEA or Medicaid. The Office of Child Support will file a petition to establish you as the legal father and establish child support.

WHY should I establish my paternity?

Because without doing so, you will not have any rights to your children. Being on the birth certificate doesn’t give you visitation/custody rights with your children. A child support order will not give you any visitation/custody rights with your children unless you ask for it in your response.

For more information, you can go to Arlawhelp.org under the Family Law Section.

AUTHOR: BRITINIE BYERS, STAFF ATTORNEY FOR CENTER FOR ARKANSAS LEGAL SERVICES