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This legal document, called a Declaration of Paternity Affidavit, may be obtained and completed at the hospital at the time of the childs birth. Also, you can get a copy of this form by calling the West Virginia Office of Vital Statistics at 304-558-2931.
Paternity refers to the relationship between father and child. In the state of West Virginia, paternity gives a father the right to petition the court for custody or visitation of his child and makes fathers legally obligated to provide their child with financial support.
Who has the right to custody of a child? Unless there is a court custody order, both parents of a child have equal rights to physical possession of a child. This is true even if the parties are not married to each other.
The fathers name will appear on the birth certificate, and the father must consent to the name of the child before the childs name appears on the birth certificate. A father signing just the birth certificate, without signing a Paternity Acknowledgement Affidavit, does not constitute paternity.
By establishing paternity, an unmarried father will have the right to petition a court for custody and visitation rights. If a court makes any legal decision that involves a child, it will be under the childs best interest standard.
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How long do the mother and father have to establish paternity? The mother and father can establish paternity for the child up until the childs 18th birthday, or 21st birthday if actions are brought by the child.
(e) Upon receipt of a written request and a sworn affidavit of paternity signed by both parents of a child born out of wedlock, the state Registrar shall place the name of the father on the certificate of birth and, if the child is under the age of eighteen and at the request of the parents, change the surname of the
All states allow nonmarital fathers to establish their parentage without genetic testing by completing a voluntary acknowledgment of paternity form when the child is born. Family law experts said a father would only be subject to DNA testing if parentage were being determined as part of court proceedings.

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