Whenever a child is born, there is no question as to whom the mother of the child is. However, determining who the father may not be as easy. For married couples, a husband is presumed to be the father of the child. A problem arises when the father of the child does not immediately come forward to take responsibility or, possibly, when a birth mother doesn’t want him to.
The Importance of Establishing Paternity
In South Carolina, the establishment of paternity can bring about many benefits to both the father of the child and the birth mother. Once paternity is established, the father is afforded rights to participate in the raising of the child. These include rights to custody or visitation and legal decision-making. In addition to the rights of parentage, the birth mother can ensure that the father of the child is paying his fair share of the child’s costs. Further, the establishment of paternity can help ease the burden on a mother and can also encourage the sharing of parenting experiences.
Other very important reasons to establish paternity are the ability for the child to know and have a relationship with their father, access to the father’s medical history as well as the ability of the child to have access to Social Security or other government benefits in the event something were to happen to the father.
How is Paternity Established in South Carolina?
There are three ways to establish paternity among unmarried parents in South Carolina. First, a father that is present at the hospital can complete a Voluntary Paternity Acknowledgement. This form does not require any type of DNA testing. It is simply the acknowledgement of the man signing the form as the father.
Second, the parents of a child may go to the State Office of Vital Records or the Vital Records Office in their county and complete a Voluntary Paternity Acknowledgement. Essentially the same type of form that is available at the hospital, this is filled out after the child is born and does not require any DNA testing to prove conclusively that the child actually belongs to the purported father.
Lastly, a court or administrative order that is rendered can establish paternity. Such an order generally follows a low-cost DNA test that is either requested by the parties or ordered by the court to establish paternity.
A Few Words of Warning
The process of a man acknowledging that he is the father can seem simple, and for the most part it is. But the steps to acknowledge paternity without a DNA test or other testing should only be used when both of the parties are absolutely sure that the man filling out the acknowledgement form is actually the father. Once the form is filled out and processed by the state, all of the rights and responsibilities become effective and an error as to the real identity of the father can be a mess to sort out.
If you are a mother or a father that is attempting to establish paternity, the experienced family law attorneys at the McGrath Law Firm can assist you on your journey. It is not always clear how to proceed and a misstep can lead you to problems that you could easily avoid with the advice of our experienced South Carolina family law lawyers. Contact us today at 843-606-2755 or online for help.