What is the process for establishing legal paternity?

In West Virginia, legal paternity can be established through a number of different methods. First, paternity may be established if both parents sign a Voluntary Acknowledgment of Paternity form. This form is typically completed at the time of a child’s birth and is signed by both the mother and father. Secondly, a paternity suit may be filed by either parent, typically the mother, through the circuit court of the county in which the child lives. The father will be served with a petition, and then the court will hold a hearing to determine if the man is the legal father of the child. If a paternity suit is filed and the father does not appear in court, a default judgment may be entered finding paternity. Lastly, a paternity action may also be brought by the West Virginia Department of Health and Human Resources. If an alleged father refuses to cooperate, the Department may bring a paternity action on behalf of the child in order to obtain a child support order. If paternity is determined, the father will be responsible for providing child support as well as other rights, such as visitation with the child.

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What is the process for establishing legal paternity?

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