It is important to know what your options are regarding Paternity, Custody, Parenting Time, and Child Support before you give birth. I’m happy to speak to individual parents, future parents, and couples who are having a baby about “how it works” when you aren’t married, and especially if you are living apart. I can help you to understand how parenting conflict affects your child’s brain, and how to ensure that your child, and both parents, spend those initial days, weeks and months bonding appropriately.

The days and months after your child is born should be as peaceful and calm as possible. Fighting about the parenting plan in the days before or after your child’s birth may negatively affect your child’s brain in ways that can be permanent. Fighting around your newborn (or even before the baby is born) is harmful to your child emotionally and physically. You have lots of opportunities to talk and figure out what is going to be the best plan, so do not wait until after your child is born.

What does Paternity mean?

Paternity comes from the Latin word pater, which means Father. Paternity in the context of Family Court means establishing who is the biological and legal Father of a child, and ultimately, the establishment of custody, visitation and child support. 

Although there are some gender-neutral documents which do not require a binary, “Mother” and “Father” designation, Paternity cases are about the determination of the biological father of the child. You cannot establish a second, same sex parent in a Paternity case at this time, but you are able to in adoptions, guardianships and marriages.

What is the difference between paternity and divorce cases? 

Divorce is the dissolution of a marriage. Divorce deals with children and custody, property division (assets and debts), spousal support, and alimony.

Paternity relates to cases involving the custody of a child or children when their parents are not married. A Paternity case is also how visitation and child support (and sometimes birth related expenses if appropriate) are established for unmarried parents. 

How is Paternity established?

• There are several ways to establish paternity in Hawaii:
  
• In the hospital when your child is born
• Through the Hawaii State Department of Health (DOH)
• Through the Child Support Enforcement Agency (CSEA)
• Through Family Court

Establishing Paternity at the hospital

After your baby is born, you will be provided with paperwork for establishing the child’s name and “parentage.” If both Mother and Father sign the documents, then Paternity is established. This is called, “The Voluntary Establishment of Paternity” (VEP). When both parents sign the VEP, it means that they are equal in the eyes of the law and of the court; neither person has more rights than the other to decision making or time with the child.

If both parents do not sign the VEP in the hospital, then only the Mother’s name will be placed on the birth certificate. Therefore, only Mother will have custodial and decision-making rights to the child until Paternity is established through the Department of Health, the Child Support Enforcement Agency, or Family Court.

Some things for New Parents to consider:

If you are not together and have a baby, or are pregnant, and can’t agree how to share time with your child you can:

• Go to mediation.
• Ask for help communicating from trusted relatives or neutral friends.
• Schedule a consultation with me so we can discuss the creation of a developmentally appropriate co-parenting plan.

Other Ways to Establish Paternity Outside of the Hospital

Through the Department of Health: If you and your co-parent do not sign the VEP at the hospital, but would like to make sure that both parents’ names are on the birth certificate, you can both go to the Hawaii Department of Health (DOH) and fill out the VEP outside of the hospital: https://health.hawaii.gov/vitalrecords/files/2013/04/vepdoh.pdf

This is a simple way for parents who are getting along and are capable of making decisions together to ensure Father’s name is added to the birth certificate. Signing a VEP through DOH will not establish custody, visitation or child support.

Through the Child Support Enforcement Agency (CSEA): If a Mother is receiving financial support from the State, such as AFDC, Quest, food stamps, etc., CSEA will require that she provide the name of the Father so that CSEA can file a Petition for Paternity with the Family Court. Why? Because the State of Hawaii requires that parents be financially responsible for their children. When it is unnecessary to establish custody and visitation, CSEA is a good way to establish child support without getting bogged down in Family Court litigation, whether or not the Father’s name is on the birth certificate.

If a Mother has concerns about naming the Father because of a history of domestic violence, there are options for keeping the name confidential. 

Through Family Court, either before or after VEP: Either parent can file a Petition for Paternity. The Petition can be used to establish Paternity or, if Paternity has already been established (by VEP), to establish court-ordered custody, visitation and child support. 

The Family Court process can be expensive and difficult, but it does not have to be. Most Paternity cases settle in mediation or before trial. Why? Because attorneys are expensive and the Family Court process is actually geared towards settlement.  Trial is unusual, but it does happen, usually because one or the other parent is simply unwilling to compromise.  The range of complexity of cases is huge, with some cases settling before the initial hearing (the first hearing after filing the Petition) and a small minority ever requiring a trial.

Making a Big Decision about Paternity

As you can see, there are a number of ways to establish Paternity for your child: The hospital at birth, at the Hawaii Department of Health, the Child Support Enforcement Agency, and Family Court. Which procedures you choose is a big decision, and has important implications for the days, months and years after your child’s birth. If you’d like to speak further about this Big Decision, book a consult with me.