West Virginia Paternity Attorney

Do You Need a Father’s Rights Lawyer?

Are you seeking to establish or challenge paternity, contest the adoption of your child, sign over your parental rights, or adjust a child support or visitation order? Attorney Phil Isner is skilled at navigating any situation you may find yourself in and assisting you with exercising your rights as a father throughout the state of West Virginia. The procedures in exercising or terminating paternity rights can be complicated and involve confusing paperwork and court proceedings. Isner Law Office of Elkins, WV fully understands the situations that face fathers throughout our state and stand with you as you fight for your rights.

New WV 50/50 Custody Law

New changes have occurred to West Virginia’s custody law beginning on June 10, 2022. Isner Law Office stays on top of new custody laws and changes to ensure you are being represented correctly. Family Court will now split custody 50/50 between both the mother and the father, unless a parent proves “by a preponderance of the evidence” that one parent should not be entitled to 50/50 custody.

This law helps to ensure a Father’s Rights to custody of his own child/children. Isner Law can help ensure that this new custody is followed and that as a father, you receive the custody you are legally allowed to have.

What Is Paternity?

Paternity means legal fatherhood. A child has no legal father if the parents are not married when the child is born. The process of legally naming the father is called establishing paternity. Establishing paternity means the biological father also becomes the legal father.

Paternity can be established in one of three ways:

– By Marriage – If the couple is legally married when the wife becomes pregnant or when the child is born, the husband’s name will be placed on the birth certificate as the father unless a court states otherwise.

– By a Voluntary Paternity Affidavit — A Paternity Affidavit is a notarized form signed by both the man and the woman, acknowledging the man as the father of the child. Signing the paternity affidavit is completely voluntary and legally establishes the man as the father of the child. If one or both parents are under the age of 18, one of the minor’s parents or a legal guardian must sign the affidavit.

– By Court Order – The court will decide if the alleged father is the biological father by his sworn statement or by genetic testing. If the alleged father denies paternity, the court will usually order DNA testing.

Why Is Paternity Important?

Children receive many benefits from knowing their paternity:

– The emotional stability and benefits of knowing both parents
– Support from both parents
– A legal record of who his/her parents are
– Access to family medical records
– Medical and life insurance coverage through the employer of either parent
– Social Security and Veterans’ benefits, if available
– Inheritance rights and protections

Isner Law Office offers professional, unbiased legal guidance you can trust. We help parents throughout West Virginia achieve solutions to promote the best possible parent-child relationships now and into the future. Call today, Phil Isner can help.

Contact Isner Law Office

Legal Guidance & Court Representation

If you are trying to establish paternity either as a father or as a mother seeking recognition and financial security, the committed paternity lawyers at Isner Law Office are here to help. Our family law team has years of experience dealing with paternity matters from all sides of the issue. Contact our law office today to schedule a consultation. (304) 636-7681