Paternity Law

Determining the paternity of a child typically becomes an issue in one of two cases: when the mother is suing for parental support or when the father is seeking visitation or other rights. In either of these two situations, it’s not uncommon for emotions to run high for both parties. When they do, an experienced Delaware paternity suit lawyer can be an essential ally who can help you fight for your best interests and those of the child.

The paternity rights lawyers at Walstrom have been representing clients in these delicate matters since 2004. Our team of family law experts brings an in-depth knowledge of our state’s legal system and a commitment to providing aggressive representation.

How Is Paternity Determined in Delaware?

In Delaware, there are a number of legally-binding ways paternity of a child is recognized. DNA testing is the most common and least open to dispute. However, if the biological father of a child demonstrates an ongoing pattern of behavior not indicative of healthy parenting, this alone may not be enough to guarantee them all of the rights associated with paternity.

In cases where the paternity of a child is in dispute, Delaware law has multiple different ways for resolving this debate.

What Is the Delaware Uniform Parentage Act?

The Delaware Uniform Parentage Act is a piece of legislation first passed in 2000 that sets out many of the legal stipulations for determining paternity. Under the act, a legal father can include anyone who:

• was married to the mother at the child’s conception and birth, and lived with them for the first two years of its life
• Has formally acknowledged paternity of the child
• Was determined to be the father in a paternity action, or in an action confirming a surrogacy agreement
• Legally adopted the child
• Consented to assisted reproduction

In addition, the Uniform Parentage Act clarifies paternity issues surrounding gestation agreements and assisted conception. According to the Act, anyone who donates a sperm or egg to a couple attempting to conceive a child cannot be considered the child’s legal parent under any circumstance.

How a Paternity Suit Lawyer Can Help

Despite the implementation of the Uniform Parentage Act, parentage and paternity continue to be issues that are hotly contested and rarely straightforward. An expert in Delaware paternity law can assist with the many legal issues that arise when parentage is contested. Walstrom Law can assist with paternity percentage establishment in child support cases, or in securing parental rights that have been denied to you as a father.

With an office in Newark, we can provide our expertise in Delaware paternity law to clients in Bear, Dover and throughout the state. Your initial consultation with our attorney is scheduled for an hour— contact one of our offices today to schedule an appointment at your convenience.