Articles

Fatherhood

This is a "guy" thing.

I have had it described to me by more than one client in this way: Larry Lovelife likes to have fun. He is single, leads an active singles life, and likes to keep it that way. He has had several semi-serious relationships, and has lost count of the women he has casually dated in the course of his 32-year-old life. He has a good job, he earns good money, and he likes to spend it on himself.

One fine day, Larry gets an unexpected love letter in the mail. It goes something like this:

"Dear Larry: Congratulations - you are a father. Your son's name is Travis Howard, he is 5-years old, and he looks forward to someday meeting you. Don't worry about whether his material needs have been met. His food, shelter and medical care have all been taken care of by the taxpayers of the State of Washington. Affectionately yours, Washington State Division of Child Support. P.S. You owe us $48,263.16 in back child support."

I may have somewhat paraphrased the actual wording used by DCS in the form letters it sends out to dozens of startled fathers every day. Nevertheless, the fathers in these cases really have no choice but to take these notices very seriously. If they do not, garnishments will soon be issued to their employers, and they will begin noticing that their paychecks have become substantially lighter. These administrative determinations of child support are ordinarily accompanied by court proceedings to establish paternity and to obtain a court order setting current and back support.

Children born out of wedlock have equal status in the law with children born of a marriage. The term "illegitimate" is no longer legally meaningful.

When a mother applies for welfare to help her pay the costs of raising a child born out of wedlock, she has to fill out paperwork naming the man she believes to be the father. The state acts upon this information (or, in some cases, the man named as the father in the birth certificate or medical records). The initial steps claiming child support are often made without any paternity test whatsoever.

I always advise men who receive these notices to file a response immediately. Failure to respond can lead to the entry of court orders establishing paternity and child support. I also usually recommend a paternity blood test.

Even when the client sincerely believes himself to be the father, I advise him to request DNA testing through blood samples. The plain fact of the matter is that some men who believe themselves to be the father of a child, are not. If a man foregoes a blood test on the mistaken assumption that he is the father, and signs the legal documents establishing paternity and agreeing to child support, these orders will be binding on him until the child becomes an adult.

This will be the biggest financial obligation some men will ever make. If child support, for example, is set at $500 per month, that is $6,000 per year. A monthly child support obligation of $500 is actually $108,000 ($500 x 12 months x 18 years).

It is true that men who demand paternity tests may be required to pay some or all of the cost of testing. In most cases, the amount to be paid will be approximately the same as one month of child support. In my mind, such a test is almost always worth the cost. Testing is not only good for the fathers, but also the kids. Children have a right to know who their fathers are. This can often be extremely important in adult life in order to diagnose and treat genetic disorders.

In a paternity case in Superior Court, the mother and father are not the only parties to the lawsuit. By law, the child is also considered to be a party. The child is usually represented by a Guardian Ad Litem appointed by the Judge. The Guardian's task is to make a recommendation to the Court on what ought to be done (especially with regard to issues of custody and visitation). Neither the father nor the mother can act as the child's guardian. The law requires someone who is more independent and objective to make the report to the Court.

When the mother is receiving public assistance from the State, the State may file a paternity case without the need for the appointment of a Guardian Ad Litem. However, even in these cases, a Guardian is often appointed so that the Court can get input from an independent person.

In some cases, a man is presumed legally to be the natural father of a child, for example, where he has been married to the mother (whether before or after the child's birth). A man who is presumed to be the biological father of a child can himself file a paternity suit to prove that he is or is not. This legal action must, however, be taken within a "reasonable time" after birth of the child.

Fathers of children born out of wedlock do have parental rights. In most cases, these parental rights can be experienced and enjoyed, even against the wishes of the natural mother. In other words, in most cases, such a father can file a petition in Court to obtain reasonable visitation with this child. In appropriate cases, the father may even obtain an Order granting him full custodial rights.

Paternity cases can be complicated and expensive. The best way for a father to make sure that he fully enjoys his fatherly rights - and not just the financial obligation of child support - is to immediately retain a good lawyer.