Lafayette Parental Rights Attorneys
Whether you’re a father seeking to be a part of your child’s life or a single mother with a right to receive child support, parental rights are an extremely important issue in a wide range of family law matters. A mother cannot automatically seek child support from the father of her child until parentage is legally confirmed. Likewise, a father has no custody or visitation rights until he is legally recognized as the child’s parent. Establishing parentage can foster stability for the child while safeguarding the rights of both parents.
The lawyers in our Acadiana office have over 25 years of experience helping parents. Call (337) 607-1908 or contact us online today.
Common Reasons to Establish Legal Parentage
Once parentage is legally established, both parents gain specific rights, but they also take on important responsibilities:
- Financial support: Both parents are legally obligated to financially support their child. Failure to pay court-ordered child support can result in severe penalties, including criminal charges.
- Custody and visitation rights: Legal parents can request custody and visitation orders. The court makes these decisions based on what is in the child’s best interests and strives to maintain meaningful relationships with both parents whenever possible.
- Medical, educational, and legal decisions: Legal parentage grants both parents the ability to make vital decisions about the child’s health, education, and upbringing. They also grant a child the right to access their father’s medical history, should a child develop a health condition or need to assess risks.
- Impact on official records and benefits: Parentage can affect matters like inheritance rights, eligibility for government benefits (like Social Security or veterans’ benefits), and the ability to include the child on a parent’s health insurance.
What Our Clients Say About Working With Us
Honest Feedback from People We’ve Helped
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"They have treated us like family."They have time and time again gone above and beyond for our case and prove that no matter what they will always give 110%!- Shelby A.
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"They really went the extra mile for me."I was recommended to Mr. Clay LeJeune Law Firm by a family member. After contacting and set up a meeting he was very willing and went out his way to help me get my legal situation taken care.- Derek C.
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"I recommend Clay LeJeune to any person who need professional service."Clay LeJeune went out of his way to provide me with the best law service, and deepest compliance to fix what was unjustly brought against me. I recommend Clay LeJeune to any person who need professional service. Thank you Clay LeJeune for all of your help and assistance.- Winnie B.
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"I would definitely recommend this law firm."So where do I begin. Attorney Clay is extremely intelligent, he knows what he is talking about for sure, gives you best advice, won't waste your time or money. He jumped on my case immediately. The whole staff is very friendly and just wonderful, Amanda is awesome. I would definitely recommend this law firm.- Rachel H.
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"Words cannot express how grateful we are for Mr. LeJeune and his staff."From day one he was on top of our case and showed us compassion. If you're looking for results Clay LeJeune is your Attorney!- Stephanie L.
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"He saved my career, livelihood, and in some ways it feels like my life."
I owe Mr. Clay so much. He saved my career, livelihood, and in some ways it feels like my life. Not to mention kept me out of prison. My family and I are so very much grateful for him and his staff. It’s tough dealing with criminal charges but I was found some relief when he said that he wasn’t worried and that I shouldn’t be until he was. Wouldn’t recommend anyone else in Acadiana.
- Gabriel M. -
"A top notch attorney."I highly recommend! Best criminal defense attorney in this area for sure. His staff is so helpful and so supportive. Always there when you need them and will protect you and your future.- Tonya C.
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"They have my business for LIFE."
Through this process they always kept me up to date on what was going on with my case and never left me wondering what was happening next.
- Shannon D.
Establishing Paternity in Louisiana
While mothers have a biological connection to their children that is extended legally, fathers can be a bit more complicated. In straightforward cases where both parents have been married for at least 300 days, the father’s rights are enshrined in a child’s birth certificate. However, in other situations, the process may involve further complications.
Presumption of Paternity
According to Article 185 of the Louisiana Civil Code, a child born to a married or recently divorced mother is presumed to be her husband’s child. For this to take effect, the baby must be born while the couple is married or the child must be born within 300 days of a divorce being finalized. The presumed father can rebut this claim, but this generally requires evidence that he is not the biological father of the child born to the mother, usually in the form of a DNA test.
Acknowledgement of Paternity Affidavit
If parents are unwed or within 300 days of being married, a father can establish paternity through what is known as an “Acknowledgement of Paternity Affidavit.” This is a separate document that is usually filed alongside the child’s birth certificate, identifying the signee as the child’s legal father. It is still possible to file one of these affidavits after the child’s birth certificate has been processed, but it requires additional steps.
Biological fathers who are not the mother’s husband can also use an Acknowledgement of Paternity Affidavit to establish paternity, but this will typically require a DNA test with at least a 99.9% probability to be submitted as well. If you are in either of these situations, we strongly recommend reaching out to an attorney as soon as possible.
Paternity Lawsuit
If paternity is disputed in any way, the disputing party may file a paternity lawsuit with the family law court. In these suits, the court hears testimonies from all parties involved and typically orders genetic testing on the mother, child, and presumed father to determine the biological connection.
A paternity lawsuit can also be used to compel the alleged father to establish paternity for the purposes of child support and other parental rights. However, this typically requires the mother to demonstrate why she believes the alleged father with evidence to support her claim. Should the claim be accepted, the court can serve notice to the alleged father, requiring him to submit to genetic testing.
Grandparents’ Rights in Louisiana
Establishing parentage is also important for grandparents, who may wish to either contribute to raising the child or to secure their right to visitation or even custody time. This may be critical for the child, as unstable homes or parents who are in dire financial situations may depend on grandparents to provide care for the child. If you are a grandparent looking to legally secure your right to visitation or custody, reach out to our firm for assistance! We can help you navigate the legal system and explore what options may be available to you.
We serve clients throughout Lafayette, Acadiana, and the surrounding areas. Call us at (337) 607-1908 or fill out our online form to schedule a consultation.