My ex-partner has acknowledged paternity, does that automatically make him the legal father?
In South Dakota, paternity is defined as the legal acknowledgement of fatherhood for a child. Acknowledgement of paternity by an ex-partner does not automatically make them the legal father. An Acknowledgement of Paternity form must be signed, witnessed, and filed with the state to establish legal paternity. If the mother and father are unmarried, the mother must also sign the form. This form must be filed with the South Dakota Department of Health, Vital Records, before paternity will be legally recognized. Once the father has established paternity through the Acknowledgement of Paternity form, the court can then issue orders related to custody and child support. Additionally, legal fathers in South Dakota have the right to seek visitation rights from the court. In some situation, a paternity test may be required by the court. This is usually done if the father claims to not be the biological father or if there is some question about the identity of the biological father. In some cases, a man may be legally named the father without signing an Acknowledgement of Paternity, if the court determines that he is the father. This may be the case if the man has lived with the mother and child or is listed on the birth certificate. In summation, simply acknowledging paternity in South Dakota does not automatically make an ex-partner the legal father of a child. The father must sign the Acknowledgement of Paternity form and file it with the South Dakota Department of Health, Vital Records in order to have legal paternity established.
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