What legal rights does the mother have in a paternity case?
In West Virginia, a mother has several legal rights when it comes to a paternity case. The mother may file a Complaint for Paternity, also called an Action of Affiliation, with the court. This gives the mother the right to ask the court to determine who the father is and to order him to pay child support and medical expenses for the child. The mother also has the right to ask the court to establish child custody and visitation arrangements in the paternity case. She can ask the court to grant her sole legal and physical custody of the child, or joint custody between the mother and the father. The mother can also ask the court to give the father visitation rights in accordance with the West Virginia state laws. The mother also has the right to ask the court to order the father to pay back child support for any living expenses incurred while the father was not paying support. If the father has not been paying child support, the mother can petition the court for an arrearage judgment against the father accumulated from the time the child was born until the present. Finally, the mother has the right to request the court to order the father to pay child support for any future medical expenses for the child. The court may also order the father to provide health insurance coverage for the child if it is available through his employment.
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