Legal Steps for Establishing Paternity

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday July 18th, 2024.

Generally, paternity is the official recognition of a father-child relationship. Once recognized as a father, a person becomes eligible for custody and visitation rights and can legally make decisions for the child. In other words, they assume the obligation to contribute to the child’s upbringing.

Steps to Establishing Paternity

While the specific procedures are different from state to state, here are the common steps to establishing paternity rights in the U.S.

Signing the Birth Certificate

The easiest and most cost-effective way to get recognized as a father is to sign the child’s birth certificate. Birth certificates are legally valid documents, and the father listed on a birth certificate is typically conferred with paternal rights unless proven otherwise. In some states, signing the birth certificate is a simple and straightforward process, while some states require the parents to sign an Acknowledgement of Paternity (AoP) if they’re unmarried.

Taking a DNA Test

If there are doubts as to who the real father of a child is, the alleged fathers can proceed to perform DNA testing, either before or after the child is born. DNA tests are usually 99.9 percent accurate and can be used as evidence in court. A DNA test can be voluntary on the part of the father or it can be ordered by the court.

Court-Ordered Paternity

Generally, courts seek to act in the best interests of the children involved in paternity suits. As such, a court can designate paternity through administrative processes if it considers the other options to be untenable. This usually happens in cases where a child was born when the parents were legally married. 

A court may also consider someone to be a father if they have acted in a fatherly capacity in some way. This may be in the form of financial support. In such a case, DNA testing may not be necessary to assign paternity.

Talk to a Family Lawyer

At Wickersham and Bowers, we offer legal assistance for all paternity and family law matters. Call us today and schedule a consultation with our family law attorney.

4 Essentials of a Great Estate Plan

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Thursday July 18th, 2024.

Estate planning does not start and end with a will. To ensure your designated beneficiaries are well-protected after you pass on, you need to have a clear and detailed road map of how your assets will be transferred. Here are four essential documents you should consider:

A Comprehensive Will

When crafting the will, be sure to name an Executor to avoid costly legal battles among your beneficiaries. You may also want to determine the guardianship of your non-financial assets, such as your pets, art collection, and young children, in your will. To be sure that your will remains valid, draft it with the help of a seasoned Estate Planning attorney.

A Living Trust

While the will kicks on after you pass on, a living trust is a powerful tool that can help you manage your assets while alive and ensure a seamless transfer after your death. As the name suggests, the assets in a “living” trust will still be under your control until you pass on. 

The primary advantage of having a trust is that all the assets under it are not subject to the probate process. Probate processes are not only time-consuming and costly to your beneficiaries but are also carried out in public courts. 

The Power of Attorney

A great estate plan does not just cover the death aspect but also goes as far as outlining the steps to be taken if you become incapacitated. In such a case, you would need someone you trust to take charge of your financial and legal decisions. That is essentially what is called the power of attorney. You can designate an Attorney-in-fact to take charge of all your life decisions or limit them to specific actions.

Letter of Intent

Letters of intent are not legally binding. However, they can help clarify your wishes further, particularly when it comes to things like burial arrangements and distribution of your sentimental items.

Contact Us

Whether you need to draft a will or establish a trust, you can rest assured that Wickersham and Bowers will deliver. Call us today to talk to our estate planning attorney.