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Domestic Relations Practice Area

Paternity

It is important to establish the paternity of your child. In Arkansas, if you and your partner are not married, the biological mother is presumed to be the proper party to have custody of the child until proven otherwise.  If you believe that you are the biological father of a child, paternity will need to be established, and you will need to be adjudicated the father of the child, before you will be able to enforce your rights to visitation and/or custody of the child. In addition to enforcing “father’s rights,” it is important to establish paternity for a child. Every child deserves to have a relationship with both of his or her biological parents.

 

Who Can File a Paternity Action?

 

Arkansas Code Annotated § 9-10-104 states that the following persons can file an action to establish paternity.

 

  • A biological mother;

  • A putative father (a person who believes that he is the father);

  • A person for whom paternity is not presumed or established by court order, including the parent or grandparent of a deceased putative father; or

  • The Office of Child Support Enforcement.

 

When Can a Paternity Action be Filed?

 

Pursuant to Arkansas Code Annotated § 9-10-102, actions to establish paternity may be brought at any time.

 

Contact M.W. Law, PLLC to schedule a consultation to discuss paternity. If you are a putative father, you should contact M.W. Law, PLLC to discuss the necessary steps to take to ensure that you are acknowledged as the biological father.  Alternatively, if the father of your child does not acknowledge that he is the father, contact M.W. Law, PLLC to discuss the proper steps to take to establish paternity so that you can receive child support payments for the benefit of your child. 

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