The High Cost of Inaction: The Risks of Not Legally Establishing Paternity

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When a child is born to unmarried parents, the path forward can be unclear. It is often tempting to avoid the legal system and "do nothing," relying instead on informal agreements and good faith. This decision—to not legally establish paternity—is not a neutral one. It is a high-stakes gamble that has profound and often permanent negative consequences for the father, the mother, and most of all, the child. The "wait and see" approach is a trap. A firm like JOS FAMILY LAW is often called upon to help fix the very problems that inaction creates.

For a father, the cost of inaction is the complete and total loss of his parental rights. A biological father who is not a legal father has zero rights. He has no right to custody. He has no right to visitation. He has no right to be consulted before a mother moves out of state with his child. He has no legal voice in his child's medical care or education. His entire relationship with his child exists only at the will and pleasure of the mother. If she decides to cut him off, he has no legal recourse until he then files a paternity action, which can be a much harder uphill battle after time has passed.

For a mother, the cost of inaction is a lifetime of financial instability. A father with no legal status has no legal obligation to pay child support. Any money he provides is a "gift," not a "duty." It can be inconsistent, unreliable, and can stop at any moment without consequence. The mother has no legal power to enforce these payments. She cannot garnish his wages or intercept his tax refunds. Furthermore, she cannot get a court order for the father to provide health insurance for the child or to contribute to the high costs of childcare and medical bills. She is voluntarily taking on 100% of the financial burden of raising a child.

For the child, the costs are the most devastating. The child is the one who loses the most. A child with no legal father has no right to inherit from him if he dies without a will. The child has no right to claim Social Security survivor benefits, which can be a financial lifeline. They cannot receive veteran's dependent benefits. They have no legal access to their paternal family's medical history. In the eyes of the law, the child is a legal stranger to their own father and is denied a lifetime of financial security and a complete sense of identity.

There is also a hidden risk for men: if you are not the father but are served with a paternity petition, inaction is catastrophic. If you ignore the papers, the court can enter a "default judgment" against you, making you the legal father and obligating you to 18 years of child support. For every party involved, inaction is a terrible strategy. This is why a paternity lawyer in Orange County is a vital resource—to prevent these avoidable and permanent losses.

Inaction is not a neutral choice. It is a decision that actively forfeits rights, security, and benefits for every person involved.

To understand the risks you are facing and to take action to protect your family, contact the legal professionals at JOS FAMILY LAW. 

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