Mothers' Rights

The mother of a child has the right to raise and litigate the rights of a child on the child’s behalf. This right allows the mother to bring a paternity action against an alleged father. A paternity suit will determine if the alleged father is the biological and legal father of the child. Until the paternity suit has been filed, the mother has full legal control of the child as its sole parent.

Mothers should note that when paternity is discovered and a father has been designated, he will have the opportunity to share the parental responsibility and for visitation rights. If a mother does not wish to share these rights, no paternity action should be taken.

Note however, that the only way for a mother to receive child support is to process a paternity claim. This will allow the mother to receive financial help from the father for health insurance for the child, medical expenses that are uninsured or not covered, medical expenses incurred by the mother in child birth, child support, and a portion of the legal fees incurred from the paternity case.