ften 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
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
Family Matters | LEGAL NOTES
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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