One of the most difficult times any parent can face is a nasty custody battle. For many, what once was a happy family is now shattered into a million pieces. There is enough heartbreak involved in between two parents going their separate ways and adding custody issues can only make matters worse. Cases in which paternity must be determined are even more difficult. The paternity laws are quite complex, given that in some instances the legally recognized father may not be the child’s biological father.
Hiring a paternity lawyer is extremely important for many cases. Each paternity case varies and having experienced legal counsel on your behalf can save you a lot of time and headaches. Chances are, your paternity lawyer has had experience with cases much like the one you’ve found yourself in. If your ex-partner has obtained legal counsel, you should most certainly find and hire your own family law attorney.
Types of Fathers in the Eyes of the Law
Each type of father has their own obligations which is according to the law. It is best to consult with an experienced paternity lawyer on where you fall in these four categories.
- Presumed Father – This applies to a man who is married to the child’s mother at either the time of conception or time of birth. Also applies if the man is legally accepted to be the father of his wife’s baby or throughout the child’s life has acted as if the child was his own
- Acknowledged Father – This applies to a man who is unmarried at the time of conception or birth but has self-confessed to being the child’s father
- Stepfather– This is man who marries a woman who has had a child with another man
- Unwed Father– This is an unwed man with has a child with a woman, yes has shown no behavior of a father in the child’s life
Securing Visitation Rights
With the assistance of your paternity lawyer, you will not only be able to establish paternity but this will also aid in receiving visitation rights. Having a father in a child’s life is extremely important so there are laws in place to protect the child’s biological father. As the child’s true and natural father, you are entitled to seek child visitation and child custody. It does not matter whether you were married to the child’s mother or not.
Often times, on the flip side… a man may want to go to court in order to challenge his paternity of a child. This requires diligence as there are many things that are required from you during this process. The best thing to do in this situation is to hire a paternity lawyer who has experience in challenging paternity cases. You will need to compile many things and a seasoned family law attorney will help navigate you through all the affidavits, forms and any parental genetic testing that must be performed and submitted to the courts.
If the two parties involved cannot come to an agreement on visitation or custody arrangements, either parent may seek the court to grant their request during a contested hearing. Typically, the courts will decide on visitation and custody issues considering the best interest of the child. There is a belief held by many that it is rare for unmarried fathers to win sole custody of a child who has already been raised by the mother. As time goes on, and societal views increasingly are changing, many courts are now recognizing just how important it is for both parents to be in the child’s life.
Hiring the Best Paternity Lawyer
No matter your current situation in your custody battle, Justice Law Center has over 30 years helping Nevada families and their children. Our experienced paternity lawyers are here to help guide you through the confusing times that come along with a child paternity case. We have a proven track record and are here to answer any questions you may have. Feel free to contact us at (775) 463-3443.
Josh Nay is a writer and paralegal with over 10 years of experience in personal injury cases, family law and criminal defense.