Every now and then, a young father will come into the office complaining that his girlfriend will not let him see their child. The young father is usually shocked when I tell him he probably has no established parental rights. One way to avoid this situation is for the parents to sign a paternity affidavit at the hospital when the child is born.

If the parents are married at the time of a child's birth, the husband is legally recognized as the father. In cases involving unmarried parents, however, paternity needs to be formally recognized in order to establish the father's rights. This can be done by filing a paternity case with the juvenile court or by recording a paternity affidavit with the Alabama Center for Health Statistics.

A paternity affidavit is a document that provides parents with a way of formally acknowledging the father of a child. Completing and filing a paternity affidavit creates a legal finding of paternity. Accordingly, a child can receive a number of legal benefits from establishing paternity, such as inheritance rights from the father, and government, medical, and life insurance benefits.

A paternity affidavit form is usually completed at a hospital, although it can also be filled out any time after a child is born. However, it is better to have this form signed as soon after birth as possible. Both parents are required to sign and notarize the document; therefore, if one parent refuses to sign the affidavit, the only option is to go to court.

The paternity affidavit itself is straightforward. Most include a sworn statement by the mother that the alleged father is the child's biological father, as well as a sworn statement by the father. Keep in mind, however, that if the mother is married to someone else, her husband is considered the legal father of the child, no matter who real father is.

Generally, either parent can rescind or “take back” their acknowledgment of paternity through proper judicial proceedings within 60 days of the document being filed. A person who is entitled to object to the affidavit, however, can do so by filing a paternity case pretty much any time after the filing. After such a court case has been filed, a court generally orders genetic testing for the purpose of determining whether the alleged father is the child's actual biological father. A court ordinarily nullifies the affidavit if genetic testing proves that the man signing the paternity affidavit is not the father.

If the child's parents are unmarried, the mother usually retains custody of the child even if the father has signed a paternity affidavit. A court order is always required to change custody status. Once the affidavit has been signed (assuming it's not contested) the father has a legal obligation to support his child. If he does not, a court can order him to pay child support to the mother.