Is marriage required for establishing paternity?
In West Virginia, marriage is not required to establish paternity. Establishing paternity in West Virginia is an important legal step in recognizing a father-child relationship and granting rights and responsibilities to the father. In West Virginia, the law provides that a man may be legally declared the father of a child if either party files an action for paternity or if both parents voluntarily complete and sign a sworn Affidavit of Paternity form. By signing this form, the father legally recognizes that he is the father of the child and agrees to provide financial support and have custody and visitation rights. This form is only valid if both parents sign it and both signatures are witnessed and notarized. If the father does not voluntarily agree to paternity, a court may order a DNA test in order to establish paternity. If a court finds that the man is the father, a court order will be issued declaring the man to be the father of the child. In summary, marriage is not required to establish paternity in West Virginia. Paternity can be established through voluntary consent or through a court order.
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