Children

Establishing Paternity

Information for Individuals named in a case

What is paternity establishment?

The process Child Support Services and the courts use to determine a child’s legal father. A mother or father can establish paternity. If a mother is receiving public assistance, she is required to name the father. When a mother seeks to establish paternity, Child Support Services notifies the alleged father of an administrative paternity hearing (APH). An APH is an informal hearing held at Child Support Services and conducted by a hearing officer.

What should I do if I receive a Notice of Hearing?

The Notice of Hearing informs you of when and where the APH will be held. Attendance is required even if you don’t believe you are the father. You must bring the following to the hearing:

·    Federal income tax returns for the past three years with all schedules. If you are self-employed, you must also bring all supporting documentation for your tax returns.

·    W-2 Forms for the past three years.

·    Check stubs from your personal checking account(s) for the past six months.

·    Your parent or guardian if you are under 18 years of age.

You do not need a private attorney, but you may have one if you wish. You will be responsible for paying your private attorney.

What if I am the father and I admit it? Do I still have to come to the hearing?

Yes. Although the APH is an informal hearing, it legally establishes you as the father. If you admit paternity, you and the mother sign an “Acknowledgment of Paternity.” The hearing officer will sign an order, and paternity is established. The hearing officer will also calculate a support amount at the hearing using a state-mandated formula.

What if I believe I am not the father?

You must attend the APH. If both parties agree, genetic tests will be scheduled for you, the mother and the child. Genetic test material (such as tissue or DNA samples) determines if you could be the child’s father.

Child Support Services informs you and the mother by mail of the test results. If the test proves you are the father, the hearing officer signs an order, and paternity is established. At this time, you have the right to appeal the finding. To do so, you must take formal action with Juvenile Court. If you accept the finding, the hearing officer will calculate a support amount using a state-mandated formula.

What if I don’t show up for the hearing?

Child Support Services files your case in Juvenile Court. The Clerk of Courts will summon you to appear for a court hearing. If you fail to appear and were legally notified, the court can enter a default judgment. This judgment establishes you as the father without your presence. If you still fail to respond, the court can take a variety of actions such as setting a child support amount, finding you in contempt of court, or issuing a warrant for your arrest for failure to appear.

How long does the process take?

It can take up to six weeks for an administrative hearing. After the hearing, it will take eight weeks for genetic test results. The length of time to get a Juvenile Court hearing depends on the number of cases the court has scheduled.

Once paternity is established, when will I start paying support?

You must begin paying immediately, unless the court orders otherwise.

Who pays for genetic tests?

In most cases, the county pays for genetic tests. In some cases, the court can order you or the other parent to pay.

Once paternity is established and I’m paying support, can I see my child?

Child Support Services has no authority in matters of visitation. If you wish to establish visitation, you must file a motion with Juvenile Court.