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by Steven Pradell

Paternity means fatherhood. Unless it is proven otherwise, a husband is considered to be the father of a child born during the marriage. If parents are not married, it is important that paternity be legally established, so that the child has a legal father.

There are many benefits if paternity is established. Children have the right to know who their mother and father are. Additionally, a father that has been legally proven to be the biological parent of a child has an obligation to support that child. In order to receive such support, paternity must be legally established. A child may be able to obtain medical insurance from a father once paternity is established. If paternity is established early in a child's life, a father may be more likely to continue to support his child until that child becomes an adult. If paternity is not established, a father may deny it and cause an expensive and time consuming process which may result in a child not feeling loved.

For a potential father, establishing paternity early in a child's life will relieve any doubts and may avoid a lawsuit later that will result in a large judgment against a father who may also owe interest on any arrearages.

A parent can begin a paternity action any time before a child reaches the age of 18, and, in some states, later depending on state law. Paternity can be established if a father lives outside of Alaska and the child resides here.

In order to begin the process of establishing paternity, a complaint for paternity must be filed. The Child Support Enforcement Division can appear on behalf of minor children, their mother or legal custodian, and initiate efforts to have the paternity of children born out of wedlock determined by the court.

A father who is sued for paternity has a choice. First, he may agree to an order establishing paternity and sign an affidavit before a notary stating that he is the father. Second, he may deny paternity, in which case the court can order that a paternity test be taken in an attempt to establish paternity. The results of a blood test, tissue type test, protein comparison, or other scientifically accepted procedure is admissible in court and weighed in conjunction with other evidence in determining the statistical probability that a man is the legal father of a child. In Alaska, if a paternity test establishes that there is a 95 percent or higher probability that a man is the father of a child, this creates a presumption that the man is the father of the child that can be overcome only by clear and convincing evidence.

A man who is sued for paternity can present evidence that he is not the father. If he believes that another man may be the father, he can ask that the court perform a blood test of that person in an attempt to show that another man is the biological father of the child.

Once paternity has been established, the court or the Child Support Enforcement Division will determine the amount of child support owed under Alaska law. A child support order will require that one or both parents provide financial support to biological children until such children are 18. Recent law in Alaska has extended this support in certain cases to a child who is over 18 years old as long as the child is unmarried, is actively pursuing a high school diploma or equivalent level of technical or vocational training, and the child is living as a dependent with a parent or guardian who is receiving support for that child.

A man seeking paternity or a man found to be the biological father of a child can request from the court that he be ordered to have visitation with his children. A court will order such visitation if it is shown to be in the best interests of the children.

It may be important to discuss paternity matters with a lawyer prior to filing any action. If you are a man who is sued for paternity, a lawyer can assist you in making a choice whether or not to have a paternity test or to admit paternity. Different types of tests can be taken, and a lawyer can assist in choosing the proper test for your case. A lawyer can also assist a mother in effectively establishing paternity and can advise her regarding her options and current Alaska law.

Steven Pradell is an Anchorage Attorney with a practice emphasizing family law, including divorce, custody, child support and adoption.

© 1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose. The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).