T
he state of condition of being a father, especially a biological one. Black’s Law Dictionary 1241 (9th ed. 2009).
Paternity suit:
A court proceeding to determine whether a person is the father of a child (especially one born out of wedlock), usually initiated by the mother in an effort to obtain child support. Black’s Law Dictionary 1241 (9th ed. 2009).
Paternity is the legal establishment of the identity of a child’s father. There are many factors that can be considered by the court to establish paternity, such as DNA testing, listing of the father’s name on the birth certificate, behavior of the parties, possible time of conception, and legal marriage of the parties to each other or other persons. Before a judgment for child custody, child support, or visitation can be made, paternity must be established. If paternity has not been established, then a party wishing to have custody or child support ordered, must file a paternity action that will include requests for determination of child support, child custody, and visitation.