When unmarried parents separate, there may be a dispute about visitation, child support and other issues. Legitimation of parentage can ensure the right of the father to pursue visitation rights or custody. It can also protect the child’s interests by requiring the father to pay child support.

When a baby is born outside of wedlock, it is important to establish paternity with a paternity test. The child can then have the support of a father. The father will have an obligation to pay child support and the right to visit the child and have a father-child relationship. Legitimation is important for financial support and for the child’s well-being.

Establishing paternity often requires DNA testing. In some counties, if both parties agree that they are the biological parents, the DNA test may not be necessary. In Cherokee County and certain other counties, however, the test is required even if both parties consent. You should remember that:

• DNA tests are very simple procedures: Because this is not an everyday issue for most people, there are a lot of misconceptions about what DNA tests involve. The reality is that these are very simple procedures. In most cases, a sample is obtained in a completely noninvasive manner. No blood is drawn. Instead, a cotton swab is rubbed against the inside of the person’s cheek, which takes only a matter of seconds. The test results, which are accepted as accurate by the court, are also obtained very quickly.
• DNA testing can be court ordered: In many cases, the party named as the father will simply agree to the DNA test and have it conducted voluntarily. If that party does not agree, the court can order DNA testing. Violation of this order would be considered contempt of court and can have serious repercussions.

If the DNA test indeed proves that the person named is the father, we will proceed to assist with child custody and child support arrangements.