How Long Does a Father Have To Establish Paternity in WEST VIRGINIA

In West Virginia, paternity can be legally established even after the child’s eighteenth birthday, particularly when the child initiates the action. Below is a brief overview of the process.

Who Can Start the Process?

The unmarried woman (mother), potential father, or a legal representative of the child may initiate the paternity establishment process. The main methods include:

• Signing a voluntary Declaration of Paternity Affidavit (DPA) form.
• Independent genetic testing agreed upon by both parents, the results of which can be used in court or lead to the signing of a DPA if undisputed.
• Or, the state or legal guardian of the child can file a paternity action on the child’s behalf.

How to Establish Paternity in West Virginia For Married Couples?

Paternity is automatically established when the parents are married at the time of the child’s birth. No further action is necessary.

For Unmarried Parents Unmarried parents can establish paternity through one of two methods:

• Declaration of Paternity Affidavit form Both parents can sign the DPA form, usually at the hospital after birth or later at the local registrar or paternity registry office. The Declaration of Paternity Affidavit form is legally binding once signed and filed with the West Virginia Department of Health and Human Resources. Signing this form establishes legal paternity without court involvement.
  • Important Note for Minor Parents: If an alleged father or mother is under 18 years of age and unemancipated, their parent or legal guardian may also need to sign the DPA form for it to be valid.
• Court Petition If the parents disagree about paternity, either parent can file a petition with Family Court. After the court accepts the petition and schedules a hearing, a judge may order genetic testing to determine paternity.

Time Limits and Legal Effects

The alleged father, mother, or legal guardian of the child generally has up to the child’s 18th birthday to establish paternity. However, a child can file a petition to establish their own paternity until their 21st birthday. Below are circumstances in which paternity action may occur and legal effects for acknowledgment.

• The father is required to pay child support.
• The father may receive visitation rights.
• When a child doesn’t have a presumed, acknowledged, or legally confirmed (adjudicated) father, anyone can start a legal process to establish paternity up to the age of 18. A child, however, can initiate a paternity action on their own behalf up to the age of 21.

Presumption of Paternity in W. Virginia

A man is presumed to be the legal father if:

• He is married to the mother when the child is born.
• The child is born within 300 days after the marriage ends. This presumption applies even if the husband is not the biological father.

What You Need to Know Before Signing a Declaration of Paternity Affidavit Form?

Before signing an Voluntary Declaration of Paternity Affidavit (at a hospital or child support office), both parents must:

• Receive written and oral information about:
  • Available alternatives.
  • Legal rights and responsibilities.
  • Consequences of signing the document.
• Have the opportunity to review all information privately, without the other parent present.
• An alleged father or mother who is under 18 years of age can sign a DPA form, though if unemancipated, their parent or legal guardian may also be required to sign.

Important: After signing, the DPA form is legally binding and no further court action is required to establish paternity.

Can Paternity Establishment Be Rescinded in West Virginia?

Yes. West Virginia allows paternity rescission under specific conditions and time-frames.

Within 60 Days of Signing Both parents must:

• Sign a Rescission of Declaration of Paternity Affidavit
• File with the clerk of the circuit court of the county where the child was born.

After 60 Days: File a court case proving one of these conditions:

• Duress: Coercion or threats at time of signing
• Material fact mistake: Incorrect information that would have changed the decision
• Fraud: Intentional deception about paternity.

Important Restrictions

Mother cannot rescind paternity alone after signing

• No rescission allowed after one year expires
• Court must approve all post-60-day rescissions

Required Documentation

• Original Voluntary Declaration of Paternity
• Rescission forms (available from) West Virginia Department of Health and Human Resources.
• Supporting evidence for fraud/duress/mistake claims

Establishing Joint Legal Custody for Unmarried Parents Custody Types

• Physical Custody: Determines where the child lives.
• Legal Custody: Determines decision-making authority over education, healthcare, religion, and access to records.

Default Custody Status

• The mother automatically has physical custody unless a court orders otherwise.
• The mother has sole legal custody by default.

Requirements for Seeking Joint Legal Custody

Unmarried parents who wish to establish joint legal custody must first establish legal paternity (e.g., by completing a DPA form or through a court order based on genetic test results from an accredited laboratory). Establishing paternity provides the father with the legal right to petition the court for custody and visitation arrangements, including joint legal custody.

Important:

• When genetic testing proves that the man who signed the DPA form is not the biological father, he remains the legal father until a court order vacates the paternity judgment. If the paternity is successfully challenged and vacated, his legal parental rights and responsibilities are ended.
• The mother retains sole legal custody by default unless a specific court order for joint or other custody is obtained.

Benefits of Establishing Paternity in WV For the Child

• Financial support from both parents.
• Access to father’s health insurance.
• Inheritance rights through the father.
• Access to father’s family medical history.
• Eligibility for Social Security benefits.

For Parental Rights

• Both parents participate in child-naming decisions.
• Father gains legal recognition.
• Establishes a foundation for custody arrangements and visitation rights.

For Legal Implications

• Enables enforcement of child support.
• Creates legal basis for parental responsibilities.
• Protects father’s right to involvement in the child’s life.
• Provides documentation needed for government benefits.

Note: Married fathers do not need to establish paternity because they are presumed legal fathers if married when the child is conceived or born.

How to Get a Court-Ordered Paternity Test in West Virginia?

Paternity can be established through:

• Court Process: Filing a petition requesting a court-ordered DNA test.
• Mutual Agreement: Both parents agree to testing without court involvement.

Requirements:

• Only tests performed by our partner AABB-accredited laboratory will be recognized for legal use in court.
• Test results establish biological relationships accepted by Family Court in West Virginia.

Why Choose Secure DNA Tests West Virginia?

Secure DNA Tests W. Virginia offers:

• Personalized service tailored to your needs.
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• Trusted by family law attorneys, courts, and medical professionals. For reliable and accurate DNA testing services, call Secure DNA Tests at 888-970-4211 to get started today.

Do I Need a Lawyer for a Court-Ordered Paternity Test in WV?

No. Either parent can file a paternity petition with Family Court without a lawyer. The judge may order DNA testing to confirm paternity.

Does Signing a Birth Certificate Establish Paternity?

No. Unmarried parents in West Virginia establish legal paternity by signing a Voluntary Declaration of Paternity form. The form gets filed with the West Virginia Department of Health and Human Resources. The signed DPA form establishes paternity of the child. This allows adding the father’s name to the birth certificate. The birth certificate alone does not establish legal paternity for unmarried fathers. does not establish legal paternity for unmarried fathers.lows adding the father’s name to the birth certificate. The birth certificate alone does not establish legal paternity for unmarried fathers.