If the parties are not married when a child is born, then a Voluntary Paternity Agreement is an instrument that will establish paternity for the father. However, only if a man is sure that he is the father should he enter into a Voluntary Paternity Agreement. Without a Voluntary Paternity Agreement the court does not have the authority to grant custody of the minor child until paternity has been established.

The Law Office of David C. Stone has a philosophical view that if a father is reasonably sure he should enter into a Voluntary Paternity Agreement (the agreement would include a Stipulation for a DNA test as soon as possible after the brith of the child) with the mother and, it will be signed at the time of the birth. After birth, we recommend a DNA test to establish paternity status at a reasonable time in the future.

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