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Can you establish paternity without going through the courts?

On Behalf of | May 7, 2021 | Father's rights & paternity

Family court proceedings often become public record and can lead to embarrassment, especially for high-profile individuals or successful professionals. Paternity issues could affect your career or your marriage, especially if you have to go to court.

Sometimes, it takes a while for a man to come around to the idea of being a father. Other times, a mother might take years to let a father know about a child. Regardless of what gave rise to the situation, needing to establish paternity can mean going through the Kentucky family courts.

However, if both parents agree to work together to resolve the issue, going to court isn’t always necessary.

If the parents cooperate, they don’t need the courts to resolve the issue

Many children will have their father listed on a birth certificate from the days immediately after their birth. Married fathers have a presumption of paternity, and unmarried parents can name the father immediately after birth as well.

However, mothers don’t always know or are willing to provide the name of the father of their child at the time of birth. As long as a child has not yet turned 18, it is still possible for both parents to cooperate and acknowledge the paternity of the father. A voluntary paternity affidavit executed by mother and father can establish the man’s legal paternity of a child, all without involving the courts or even requiring a genetic test.

For those who want to play a role in the life of their child or provide support without going through court proceedings, independent paternity testing, a paternity affidavit and negotiating the paternal role outside of court may be the best solution to a pending paternity case. An experienced attorney can help.