Family Law

Paternity Establishment Attorney in Morgantown, WV

Serving Mothers, Fathers, & Residents of Monongalia County

The Law Firm You Can Trust

Paternity Attorney serving Morgantown, West Virginia and surrounding areas.

Angotti & Straface Attorneys at Law L.C. in Morgantown assists residents throughout Monongalia County in West Virginia to establish paternity. Since 1952, our law firm has been successfully representing mothers, fathers, and other individuals with paternity concerns to protect their rights. If paternity has not been established through the West Virginia Department of Health and Human Services’ Vital Registration Office, our attorneys will prepare your case to establish paternity through the court system. To avoid having the father listed as “unknown,” administrative action may be pursued in a timely manner in the following cases:

Birth to an Unmarried Mother (unmarried for 10 or more months preceding birth): submission of a notarized declaration of paternity affidavit must be signed by both the unmarried mother and the father.

Birth to a Mother Married to Someone Other Than the Biological Father (married at time of birth or for 10 or more months preceding birth): submission of a notarized declaration of paternity affidavit must be signed by both the unmarried mother and the father, as well as either a certified copy of the divorce decree clearly indicating that the husband is not the father of the child, and a notarized affidavit of non-paternity signed by both the mother and the husband/ex-husband. Non-paternity may also be established via DNA testing.

Birth to a Mother Married Following the Birth of the Child (“Legitimation”): submission of a certified marriage certificate (for out-of-state births), as well as either a signed, notarized declaration of paternity affidavit or notarized letter signed by the father specifying that he is the father.

How to Establish Paternity Through the Court System

If paternity cannot be established through the Vital Records Office, our law firm is available to assist mothers, fathers, and legal guardians with establishing paternity via the judicial court system. After preparing and presenting a solid case for approval, the judge will submit instructions to the Vital Records Office indicating who the father of the child is. A birth certificate will then be issued that includes the father’s name.

Husband’s Custody Rights for a Non-Biological Child

Establishing the legal relationship between a biological father and his child (paternity) offers many benefits for the father and child, including the ability of the father to be involved in making decisions affecting the child’s life, contributing to the welfare of the child, and providing emotional and financial support via various means. The child is also able to more readily access his or her family medical history. If a mother who gives birth to a child is in the process of divorcing her spouse (who is not the biological father), the husband is able to claim custody rights in some cases. It is important to ensure that the rightful biological father is legally identified as soon as possible.

Establishing and Challenging Paternity Claims in Morgantown, WV

A HANDS-ON APPROACH TO EVERY CASE
REPRESENTING MORGANTOWN’S RESIDENTS SINCE 1952

Contact Angotti & Straface Attorneys at Law in Morgantown for assistance filing a motion to establish or challenge a paternity claim. We understand the importance of ensuring that your case is handled on a personal basis and our attorneys work closely with you to assist with gaining custody, visitation, and/or child support. A complimentary initial consultation is available upon request. Call: (304) 292-4381.