Establishing or disestablishing the paternity of a child has life-long consequences. It should not be undertaken lightly. Establishing legally whether a man is (or is not) the father of a child is a very important matter.
Paternity in Hawaii
In Hawaii, the law assumes that a married couple are the parents of any child born to them. If either spouse believes that the father of the child is actually someone else, then legal steps must be taken to establish paternity for the biological father and disestablish paternity for the husband. Establishing paternity gives the legal father certain rights and obligations.
Paternity Issues for Unmarried Parents
Unmarried couples must take active legal steps (paternity establishment) to establish the biological father as the legal father. There are important reasons for doing so. If paternity is not established, parents and child will be deprived of many legal, financial and emotional benefits.
Benefits to Parents and Children From Establishing Paternity
• Custody and visitation rights for the legal father;
• Financial support for the child;
• Involvement with health and education decisions;
• A closer relationship when the father is legally part of the family;
• The father’s name listed on the birth certificate;
• The legal right of the child to access the father’s medical records if necessary;
• The right to inherit from a legal father;
• The right to certain benefits deriving from a legal father, such as Social Security and other state and federal benefits;
• The right of the child to be included on the father’s health insurance policy.
When Paternity Is Disputed
The Court may order a DNA test to prove or disprove paternity when there is a dispute as to whether a man is the biological father of a child. DNA samples are taken from the mother, child and the presumed father; it usually takes 4-6 weeks for the result. Anyone who has been served with a petition and summons regarding paternity, custody, child support, etc. should immediately contact a paternity attorney in Honolulu. Ignoring the issue is bound to result in a decision favoring the other party.
Legal issues involving paternity should be discussed with an experienced paternity attorney in Honolulu. Contact Greg Ryan and Associates to learn about the implications of paternity issues and possible legal solutions. Paternity is a very serious matter for everyone involved.
