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Establishing Paternity in West Virginia
Paternity is the legal recognition of who a child's father is. This page explains how paternity is generally established under West Virginia law, and what establishing it changes for the child and the parents.
What Paternity Means
Paternity refers to legal fatherhood: formal recognition under the law of who a child's father is. When a child is born to parents who are married to each other, the husband is generally presumed to be the child's legal father automatically. When the parents are not married, there is no legal father on record until paternity is established.
Until paternity is established, an unmarried father has no automatic legal rights or responsibilities toward the child, and the child does not have the same automatic legal connection to that parent, for example, for purposes of support or inheritance. Establishing paternity is the step that creates that legal relationship.
Key Terms
- Paternity
- Legal recognition of a man as a child's father, which creates rights and responsibilities between them.
- Presumption of Paternity
- The legal assumption that a husband is the father of a child born during the marriage.
Voluntary Acknowledgment of Paternity
The simplest route, when both parents agree, is to sign a voluntary acknowledgment of paternity, sometimes handled through a declaration of paternity affidavit. This is often completed at the hospital around the time of the child's birth, and it can also be obtained afterward through the West Virginia Office of Vital Statistics. A properly completed and filed acknowledgment generally has the same legal effect as a court order establishing paternity, without either parent going to court.
The voluntary form is available only for a limited period after the child is born. Once that period has passed, paternity is generally established through the court process instead.
Because signing has real legal consequences for both parents and for the child, it is worth understanding what the form does before signing it. A signed acknowledgment can be challenged or withdrawn only within a limited window of time; after that, undoing it generally requires showing something such as fraud, duress, or a material mistake of fact.
Key Terms
- Voluntary Acknowledgment of Paternity
- A form signed by both parents that legally establishes paternity without a court proceeding.
Court Cases and Genetic Testing
When the parents disagree about paternity, or when no acknowledgment was signed, paternity can be established through a case in family court. Either parent can start such a case, and the West Virginia Bureau for Child Support Enforcement can also open one, which is a common route when child support is at issue.
In a contested case, the court can order genetic testing of the mother, the child, and the man alleged to be the father. If testing confirms paternity, the court enters an order establishing legal paternity, and it typically addresses child support at the same time. A paternity proceeding is decided by a judge rather than a jury.
Key Terms
- Genetic Testing
- DNA testing used in a paternity case to compare the child's genetic material with that of the alleged father.
- Bureau for Child Support Enforcement
- The West Virginia agency that can open a case to establish paternity and child support.
Who Can Start a Paternity Case
West Virginia law allows a paternity case to be filed by a range of people connected to the child. That includes an unmarried mother who has custody of the child, a man who believes he is the child's biological father where paternity has not already been decided, another person or guardian who has custody of the child, the state through its child support agency, and, within a limited period after reaching adulthood, the child.
Paternity cases are filed in the family court of the county where the child lives, and the court has discretion in how it handles the particular circumstances of a case.
Why Establishing Paternity Matters
Establishing paternity has practical consequences for everyone involved. It creates the legal basis for child support, because a legal father has a duty to help support his child. It also allows a father to pursue parenting time and decision-making responsibility through the parenting plan process, which is not available to someone who is not a legal parent.
For the child, legal paternity can affect inheritance rights, eligibility for benefits connected to the father such as Social Security, veterans, or pension benefits, access to health insurance, and knowledge of family medical history. These are among the reasons paternity questions are often addressed relatively early in a child's life.
When Marriage and Biology Do Not Match
Because a husband is presumed to be the legal father of a child born during a marriage, questions can arise if that presumption does not match biology. West Virginia family courts have discretion in these situations and are not required to change a child's legal parentage on the basis of a genetic test alone. Courts also weigh the child's existing relationships, stability, and overall best interest, which is why these cases can be more involved than a simple test result suggests.
Common Questions
Can paternity be established without going to court?
Yes, when both parents agree. Signing a voluntary acknowledgment of paternity, often done at the hospital shortly after birth or afterward through the Office of Vital Statistics, establishes legal paternity without a court hearing.
What happens if the parents disagree about who the father is?
Either parent, or the state child support agency, can open a paternity case in family court. The court can order genetic testing of the mother, the child, and the alleged father, and then decide the question of legal paternity based on the results and the other evidence.
Can a signed acknowledgment of paternity be undone later?
It can be challenged, but only within a limited window of time after signing. Once that window closes, setting an acknowledgment aside generally requires showing something such as fraud, duress, or a significant mistake of fact.
Does establishing paternity automatically give a father parenting time?
No. Establishing paternity confirms legal fatherhood and makes it possible to seek parenting time and decision-making responsibility, but the actual schedule is decided separately through a parenting plan, either by agreement or by the family court.
Does establishing paternity mean child support will be ordered?
Paternity establishes the legal duty of support, and in most court cases child support is addressed at the same time paternity is decided. The amount is calculated separately under West Virginia's child support guidelines, based on the circumstances of both parents.
This article is provided for general informational purposes and does not constitute legal advice. Laws change, and individual circumstances vary. If you have questions about how West Virginia law applies to your situation, consult a licensed attorney.