In This Article, You Will Discover…
- Who has parental and custody rights in Arkansas.
- The intricacies of child support.
- How to establish paternity.
- And more…
What Are The Parental And Custody Rights For A Child Born Out Of Wedlock In Arkansas?
Under Arkansas law, if you weren’t married to the child’s mother at the time of your child’s birth, then legally you aren’t the father until the court says you are. Until then, you have no rights whatsoever; the mother automatically has full custody.
Once you do go to court, you have very substantial rights. In Arkansas, joint custody is preferred, and with proof of paternity, the odds are good. The key is to go to court, and the sooner the better because if you wait for years, you create the impression that you don’t really care.
If The State Does Not Consider You To Be The Father Of The Child, Are You Still Required To Pay Child Support?
The court will not order you to pay child support until you’re established as a father.
If a mother gives birth and attempts to get child support enforcement or benefits, the father is established by the court in a child support case. It is strictly a child support case, and it will not result in any custody or visitation for the father unless he files a counterclaim for custody or visitation.
Can A Potential Biological Father Demand Or Refuse A Paternity Test?
If the mother swears you are the father, there would have to be some very clear evidence that there’s no way that you’re the father for the court not to order a paternity test. The courts usually take the point of view that if there’s any chance, they need to get a test and find out. In the overwhelming majority of cases, if you haven’t already been established as the father, you’re going to get a paternity test ordered if you ask for one.
Now, there’s also the reverse of that. If you’re served with papers seeking child support and don’t respond, getting the paternity test ordered later can be challenging because you’ve defaulted.
If the other party says you’re the father and you think you’re not, then you need to ask the court for a paternity test, and the court will order one. If you don’t ask for a paternity test, you have the risk of being the legal father for the rest of the child’s life even though maybe in reality you aren’t the father.
Does Establishing Paternity In Arkansas Mean I Automatically Have Visitation With Or Custody Of My Child?
An order saying you’re the father does not give you custody or visitation; you have to go to court and ask for custody or visitation. The only way that an order establishing paternity might automatically give you custody would be if the mother were deceased, and you’re the only parent alive. However, presuming that both parents are alive, you have to get a court order to get custody.
With the guidance of a skilled attorney for Child Custody Law, we strive to handle your case with care and professionalism in order to provide you with peace of mind. For more information on Child Custody Law in Arkansas, an initial consultation is your next best step.
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