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Family Matters | LEGAL NOTES

9 Months After Quarantining

Paternity answers for Unmarried moms and dads

Often created in the wake of blackouts, snowstorms, and hurricanes, one wonders if the nation will see a baby boom in nine months. If so, there can be complications for any children conceived out of wedlock. As we all get through this pandemic (hopefully happier, healthier, and more grateful for the things we took for granted before COVID-19 changed our lives in just about every way imaginable), some men and women may find that their time at home may result in the stork making an unexpected visit.

Usually, becoming a dad is a momentous occasion, full of joy and anticipation. However, there are situations when the father doesn't know he's a father until he receives a paternity action notice (he got served!)

Below provides a short overview of the paternity laws in Arkansas:

What is Paternity?

Paternity is the status of being a father. Establishing paternity means that a court has ruled concerning the child's biological father regardless of who is on the birth certificate.

How is Paternity Established?

The simplest way to establish paternity in Arkansas is through a voluntary acknowledgment (sign on the dotted line). If you and your child's mother are not married, but you both agree that you are the father, Arkansas law allows fathers to sign a voluntary acknowledgment of paternity. Once the statement is submitted and approved by a judge, you are the child's father, and the court can grant orders for visitation and child support. However, fathers need to be sure that the child is theirs before voluntarily taking on such responsibility.

On the other hand, if the mother and father don't agree who the child's father is, a court action to establish paternity can be brought. Under Arkansas law, a paternity action can be started by: (1) the child's mother; (2) the man who believes he is the father (putative father); (3) the grandparent or parent of the deceased putative father; and (4) the state Office of Child Support

*Disclaimer: This article contains basic information and in no way constitutes actual legal advice or establishes an attorney-client relationship with any individual reading this article.

Enforcement When a paternity case begins, the judge will order genetic (DNA) tests on the mother, child, and the putative father. To be considered valid in Arkansas, the test result must show that there is at least a 95 percent likelihood that the alleged father is the biological father.

Arkansas law states that a paternity action can be started any time after the child's birth up to the child's death. Concluding that the matter can still be addressed after the child becomes an adult.

What are the Benefits / Drawbacks to Establishing Paternity?

When paternity is determined, the Arkansas courts can order child support, custody, and visitation. However, when a child is born out of wedlock, the mother has legal custody. Even if it's proven that the putative father is the biological father, the law does not automatically grant the dad custody or visitation rights. The dad has to prove that: (1) he is a fit parent; (2) he has already provided financial support for the child; and (3) it is in the child's best interest for the biological father to have custody of the child or visitation with the child.

From the mother's position, establishing paternity may provide financial assistance, and the father (who has proven that he will be a fit parent) may now enjoy a relationship with his child. The child could realize an inheritance upon the biological father's death. If the dad is disabled and collecting government benefits, the child may also be eligible for benefits as the disabled dad's dependent.

For the man who is unable or unwilling to pay child support, having a paternity order forced on him could be unwanted. The judge can order a reluctant father to pay the costs of the pregnancy, childbirth, and the mother's attorney's fees. If the dad does not pay these court-ordered expenses, he could be confined (jailed).

If the Office of Child Support Enforcement has started the case, the agency may ask the father to reimburse the agency for welfare and other benefits paid out on the child's behalf.

If the court finds that the putative father is not the biological dad, it has the power to order the mother, who initiated the case, to pay the alleged father's attorney fees and costs.

Arkansas law has an exceptional provision in the case of rape that results in the child's conception. If the putative father is found guilty of the rape of the mother, which resulted in the child's conception, the father's parental rights are terminated upon the conviction. However, the father is still obligated to pay child support, and the child still has the right to inherit from the father's estate. ∞

Have any legal questions or issues to be resolved? Do not hesitate to contact John S. Stobaugh of Schnipper, Britton & Stobaugh at 501-624-1252.

John Stobaugh is a partner at the law firm of Schnipper, Britton & Stobaugh in Hot Springs, Arkansas. Born in McGehee, Arkansas, John earned a degree in Agricultural Economics from Texas A&M University, followed by his Juris Doctorate from the University of Arkansas at Little Rock William H. Bowen School of Law (Class of 2013). Formerly with Bell & Boyd, PLLC, John specializes in probate, estate planning, divorce, custody, adoptions, guardianships, commercial litigation, real estate transactions, and property issues. John is a member of Arkansas Bar Association and is currently President of the Garland County Bar Association.

*Disclaimer: This article contains basic information and in no way constitutes actual legal advice or establishes an attorney-client relationship with any individual reading this article.

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