Hi there. The paternity of a child (i.e. who fathered the child) can sometimes be in dispute, especially in situations where there is a request for child support or contact. The law assumes a man to be the father of a child in four circumstances: (a) the man was married to and living with the child’s mother when the child was born; (b) the man has signed a document acknowledging he is the child’s father; (c) the man lived with the child’s mother in the 10 months before the child was born; or (d) the man is acknowledged on the child’s birth certificate as the father.

If you do not fall into one of these four categories, then you will not be presumed to be the father of the child and you will need to seek a declaration of paternity from the Family Court. The court will only make this type of declaration as part of other proceedings, such as an application for a parenting order. Therefore, in your situation, it may be appropriate for you to commence proceedings in the Family Court to obtain a declaration of paternity (which may require you to undertake DNA testing) as well as an order for custody or other parental rights in relation to your child.

Your situation also sounds like it may involve NSW Family & Community Services if the child was removed from its mother at birth. If the child is currently under the care of the State, then you may also need to commence legal proceedings in the Children’s Court to seek a modification of any care orders that exist in relation to your child and/or gain parental responsibility for your child.

Suggested way forward

Family law can be complicated. You should speak to a family lawyer who can fully advise you of your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.