Paternity suits can arise when there is uncertainty or a disagreement regarding the identity of a child’s father. Often, parents will use a paternity action to establish a man’s legal obligation to provide for his child. A paternity case can be initiated by either the mother or father by filing a Petition to Establish Parental Relationship. The Family Court has jurisdiction (the ability) to hear and enter orders and judgments on all issues related to the parent-child relationship. A child support case can also be filed by the Department of Child Support Services (DCSS) at Family Support Division (FSD), another division that hears issues regarding finances and custody of children.
In some cases, a man will use a paternity action to establish fatherhood for the purpose of obtaining custody and visitation rights. Until a child custody and/or visitation order is entered by the court stemming from a paternity action, there is usually no legally recognized mechanism for unmarried persons to enforce custodial rights. A paternity action may also involve a party’s request to change the legal name of the minor child and/or obtain reimbursement for pregnancy costs.
