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Policy Manual
COURTS
Superior Court For Juvenile Matters

46-3-11
Paternity

Legal Background

 

Connecticut law authorizes the Superior Court for Juvenile Matters to accept acknowledgments of paternity.  When a putative father is named in a petition and that individual appears before the court, thus submitting to its jurisdiction, the court has authority to accept and make a finding of paternity. 

There are other legal mechanisms for establishing paternity that may guide the process regarding paternity issues.  Questions regarding paternity shall be discussed with the Principal Attorney, Staff Attorney or Assistant Attorney General. 

Legal Reference:  Conn. Gen. Stat. §46b-121, §§46b-160 through 46b-179d.
Should a Putative Father Be Named in the Petition?

Any person claiming to be the father of a child born out of wedlock, or named by the mother, who 

·    has not been adjudicated the father by a court of competent jurisdiction

·    has not acknowledged paternity of the child in writing

·    has not contributed regularly to the support of the child, or

·    whose name does not appear in the birth certificate 

shall cease to be a legal party in interest in any proceeding concerning the custody or welfare of the child, including but not limited to guardianship and adoption, unless he has shown a reasonable degree of interest, concern or responsibility for the child’s welfare.  

However, if the mother is consistent in naming an individual as a father, and the man consistently claims to be the father, then it is better that the putative father is named and noticed to preclude problems later. The finding that a putative father is not a legal party to the case will be made at a later time by the court.
Social Worker Responsibility

Any person claiming to be the father of a child born out of wedlock, or named by the mother, who 

·          has not been adjudicated the father by a court of competent jurisdiction

·          has not acknowledged paternity of the child in writing

·          has not contributed regularly to the support of the child, or

·          whose name does not appear in the birth certificate. 

shall cease to be a legal party in interest in any proceeding concerning the custody or welfare of the child, including but not limited to guardianship and adoption, unless he has shown a reasonable degree of interest, concern or responsibility for the child’s welfare.  

However, if the mother is consistent in naming an individual as a father, and the man consistently claims to be the father, then it is better that the putative father is named and noticed to preclude problems later. The finding that a putative father is not a legal party to the case will be made at a later time by the court.

Connecticut Department of Children and Families Effective Date: November 1, 2005 (Revised)