Bentonville Paternity Lawyer

It’s important to preserve your rights as a father during a custody battle, and that starts with establishing paternity the legal way. There are only two ways to establish paternity in Arkansas: signing an acknowledgment of paternity (AOP) form or pursuing a court order. It’s a good idea to have legal help, if only to be safe. It’s always important to know what you’re getting into, and a Bentonville paternity lawyer can put you on the right path forward for your case.

The family law attorneys in Bentonville at Bundy Law understands how complicated and emotional paternity cases can become. It’s always advisable to have a Bentonville paternity attorney in your corner when you are dealing with the state’s paternity laws in any way. The last thing you want is to leave anything to chance when it involves your kids. Aaron Bundy can bring decades of legal experience to your case. He’s also a member of the International Academy of Family Lawyers.

Benefits of Establishing Paternity in Arkansas

If you decide to take your paternity case to court in Bentonville, your case will be decided by the Benton County Circuit Court, specifically the Domestic Relations Division. Paternity cases are common in Arkansas, especially during or after a divorce. Arkansas has a marriage rate of 48.9% and a divorce rate of 3.0 per 1,000 people. Many custody cases involve establishing paternity to make sure you have the strongest chance of maintaining or getting child custody.

Arkansas state law regarding paternity is very clear. If both parents are married at the time of birth, then both parents are automatically seen as the legal parents. However, if the parents are unmarried at the time of birth, then only the mother is granted automatic sole custody. The father is legally required to prove paternity before they can be put on the birth certificate or assume parental rights for the child. Here are some of the many benefits of establishing paternity:

• Legal relationship. The most important benefit that paternity provides is a legal relationship between father and child. This legal relationship makes it much easier for children to use their father’s health insurance, claim inheritance rights, and access their father’s medical history. It allows fathers to legally seek custody or visitation rights, as they are now seen as a legal parent.
• Parental relationship. Additionally, by establishing paternity, fathers are able to exercise certain parental rights that only the mother may have had previously. If the mother starts a new relationship and their new partner wants to adopt the child, the father can prevent that from happening through legal intervention. The legal establishment of paternity may also show the child just how much their father cares, and that could be the start of building a stronger bond.
• Financial responsibility. For the mother, establishing paternity may give the father a legal obligation to share financial responsibility for raising their child. Largely, this will mean ongoing child support payments for the foreseeable future. If the father is now listed as the legal parent, the mother can pursue child support through the court.
• Medical insights. By establishing paternity, you can provide the child with crucial information about their own genetic history. If your child has a predisposition for certain medical conditions, it may be better to learn about that possibility now instead of later.

Paternity is not just about biology. It’s also about responsibility and giving your child definitive proof of where they come from. It can offer them a sense of identity and parental connection. It can give fathers the chance to be fully involved and make decisions for their child’s well-being. To establish paternity, you should hire a paternity lawyer to help you determine the right course of action for your case.

FAQs

What Are the Paternity Laws in Arkansas?

The paternity laws in Arkansas state that there are only two main ways of establishing paternity in the state. The first is by signing a voluntary acknowledgment of paternity form at the hospital at the time of birth or at a later time. The other is by pursuing paternity through a court order by filing a Complaint to Establish Paternity. This can secure DNA testing and provide the groundwork for child support and visitation rights.

Can I Take Legal Action Against My Ex for Lying About Paternity?

Yes, you can definitely take legal action against your ex for lying about paternity. You need to be able to prove that they knew you were the father and lied about it, or that they knew you were not the father and lied about it. Either way, it’s called paternity fraud, and it is greatly frowned upon during custody proceedings. Paternity fraud is a crime in Arkansas. If found guilty, your ex could face serious legal penalties.

Is Arkansas a 50/50 State for Child Custody?

Yes, Arkansas is considered a 50/50 state for child custody. In every child custody case, the court likes to push for joint custody. This makes sure that both parents maintain equal responsibility for child-rearing, as well as the child’s emotional and financial needs. However, if you can prove that joint custody is not the right path forward, you may want to pursue full custody. A good lawyer can help you with that.

How Do I Disestablish Paternity in Arkansas?

If you want to disestablish paternity in Arkansas, you would need to file a court action, which generally requires a DNA test proving that you are not the father of the child in question. If a court order to establish paternity exists, you will need to prove either fraud, duress, or material mistake of fact. Make sure you hire a lawyer to help you through this, as disestablishing paternity can get complex and emotional.

Be Sure to Hire a Paternity Lawyer Immediately

Dealing with a paternity case can be a complicated ordeal, and it’s not something you will want to face without the right kind of legal support in your corner. At Bundy Law, we can help you figure out your next move and do this right. Contact us to speak to someone on our team who can help.