Paternity refers to legal fatherhood. It may be the biological father, an adoptive father, or another person the court grants legal fatherhood.
Paternity grants a father certain parental rights and responsibilities.
Only a court can modify, restrict, or terminate a father’s legal rights if it finds doing so is in the best interests of the child.
Overview of Establishing Paternity in Louisiana
Louisiana’s paternity laws provide several ways to establish paternity of a child. Whether you are a mother or a father seeking to establish paternity of a child, it is crucial to understand your legal rights and options. There are three basic ways to establish paternity in Louisiana:
Presumption of Paternity
Louisiana Civil Code 185 states that a child born to a mother is presumed to be her husband’s child. The parties must have been married when the child was born, or the child was born within 300 days after the dissolution of the marriage.
The presumption is rebuttable. The father can file a disavowal action or paternity suit to challenge the presumption of paternity. The father must have evidence other than his testimony that he is not the biological father of the child born to his spouse or ex-spouse. Generally, the court accepts DNA evidence proving the man is not the biological father.
If you want to challenge the presumption of paternity, you need to speak with a family law attorney as soon as possible. The state sets time restrictions for filing disavowal actions.
Sign an Acknowledgement of Paternity Affidavit
When the parents are at the hospital after a child is born, a father can sign an Acknowledgement of Paternity Affidavit. The affidavit is filed with the child’s birth certificate to establish legal paternity. However, if the Acknowledgement of Paternity Affidavit is signed after the birth certificate is processed, there are additional requirements to establish legal paternity.
If the child was born outside of marriage or within 300 days of marriage, the parents can sign the affidavit in the presence of two witnesses and a licensed notary. The form is filed with the Vital Records Registry.
An Acknowledgement of Paternity Affidavit may also be used to establish paternity when the biological father is someone other than the woman’s husband. It is also used for children born within 300 days after a divorce when the biological father is someone other than the woman’s ex-husband.
The form must be signed by the mother, husband/ex-husband, and biological father in the presence of two witnesses and a notary. However, you must also include the results of a DNA test identifying a man as the child’s father with at least a 99.9% probability. The affidavit is filed with the Vital Records Registry.
Parents should review the instructions and requirements of an Acknowledgment of Paternity Affidavit very carefully. Mistakes and errors result in the state declining the affidavit. A paternity lawyer can help you complete the form, including attaching the required documents.
File a Paternity Lawsuit
If the mother, alleged father, or other man disputes paternity, they can file a paternity lawsuit with the court. The lawsuit asks the court to determine paternity and grant the legal father parental rights. The court hears testimony from the parties and witnesses. However, genetic testing is often required to determine the biological father.
The mother, child, and alleged father must submit a DNA sample for testing. Cheek swabs are the method used for most DNA tests conducted by the Louisiana Paternity Establishment Program, which is a program administered by the Louisiana Department of Children and Family Services. A DNA test is 99.9% accurate in determining a child’s biological father.
The court reviews the results of the genetic testing and issues an order naming the biological father as the child’s legal father.
Why Would a Mother or Father Want to Establish Paternity in Louisiana?
If a man disputes paternity, a mother may pursue a paternity action for the benefit of her child. Paternity grants a child certain legal rights from a parental relationship, including:
- Obtain child support if the parents are not together
- Access to the father’s health insurance coverage
- Receive inheritance rights from the father
- Eligibility to receive government benefits based on the father’s eligibility for veterans, Social Security, or other benefits
- Easier access to a father’s medical history, which could be crucial if the child develops certain health conditions or needs to assess health risks
A father seeks to establish paternity to ensure they have a close parent-child relationship. Until a father establishes paternity, he does not have a legal right to demand to see the child or spend time with the child.
Once a father establishes paternity, he can petition the family court for child custody and/or visitation. The father can ask for child support if he receives custody. A legal father also receives inheritance rights with the mother if the child predeceases their parents.
How Does Louisiana Establish Child Custody?
Joint custody is preferred unless a parent can prove by clear and convincing evidence that joint custody is not in a child’s best interest. Joint custody allows parents to share parental responsibilities, including caring for the child’s daily needs and making decisions for the child regarding their health care, education, religious upbringing, and extracurricular activities.
If parents dispute custody, the court must consider numerous factors to decide what would be in a child’s best interest. Factors include, but are not limited to:
- The moral fitness of the parents, as it impacts the child’s welfare
- The disposition and capacity of the parents to provide a child with the affection, love, and spiritual guidance they need
- The emotional ties between the child and each parent
- The time a child has spent in a stable home and the benefit of continuity for the child
- The disposition and capacity of the parents to provide for the child’s medical care, clothing, food, and other material needs
- Each parent’s physical and mental health
- The longevity of a family unit for the existing or proposed custodial home
- The distance between the parents’ homes
- The child’s ties to their community, school, and home
- Each parent’s demonstrated responsibilities for the care and upbringing of the child to date
- The reasonable preference of the child for custody
- The ability and willingness of each parent to encourage and facilitate a close relationship between the child and their other parent
Judges may consider any factors they deem relevant to determining a child’s best interest for custody and visitation.
Get Help With a Paternity Matter in Louisiana
If you have questions about paternity matters, contact one of our Knight Law Firm attorneys or you can call us at our law offices at (318) 323-2213 today. A child custody lawyer can help you dispute or establish paternity, as well as handle all matters related to child custody, including visitation and child support.
