Family & Safety

Parentage The relationship between a parent and a child is the legal relationship between a parent and a child. It includes both maternity (mom and child relationship) and paternity (dad and child relationship). When parentage is formed, it means that the person is the legal parent of the child. It also means that the person has certain rights and responsibilities like parenting time Time that a child spends with a parent. Usually, the child lives mostly with one parent and has regular contact with the other (formerly called visitation). and child support Money paid by a parent to help another parent support a minor child or an adult child with a disability .

If a person was married to a child's mother when she became pregnant or when the child was born, that person is legally assumed to be the child's legal parent. Otherwise, the person will need to establish parentage to become the legal parent of the child.

Parentage can be established in three ways:

• Voluntary Acknowledgment of Parentage (VAP): Used when both parents agree who is the mother and who is the father.
• Going to court: Used when the parents do not agree about who is the mother or father. It can take a long time and it is hard to do without an attorney.
• Department of Healthcare and Family Services (DHFS) hearing When the parties in a case present their sides of a case to a judge or other officer : Used when a person is receiving assistance and paternity needs to be established. The parties may or may not agree who is the father of the minor A person under 18 years old child. It is easier than going to court, but it can take a long time.  It only deals with parentage and child support. Parenting time and parental responsibilities Making important decisions for a child (significant decision-making responsibility) and spending time with them (parenting time) will not be decided.

It is best to establish parentage as soon as possible. You can file for parentage up to the day the child turns 18, and in some cases later.

What about birth certificates?

Birth certificates are generally not a way to establish parentage. Hospital staff is only supposed to put a person's name on a birth certificate A legal document with a person's place of birth, time of birth, and parents if that person is the legal parent of the child. A person's name should not be put on the birth certificate if they are not a legal parent.

Sometimes mistakes are made. A person who is not a legal parent might be listed on a child's birth certificate. This does not establish parentage, so the person would still need to establish parentage through one of the three ways above. However, if the person agrees to have their name on the birth certificate, and then later gets married to the mother, that person becomes a legal parent of the child.

When should I talk to a lawyer about parentage?

You should talk to a lawyer Someone who represents clients in courts or who gives legal advice about establishing parentage if:

• You want to get parental responsibilities ("custody") like decision-making power or parenting time (visitation Time spent between a child and a person who is not the parent ), but the mother does not agree;  
• You think that the mother will say you are a danger to her or the child;  
• You have waited more than two years after the child has turned 18 or is emancipated to establish parentage;  
• The child is not living with you or the mother; or
• You do not know where the mother or the child is.