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Legal Information: Rhode Island

Custody

Updated: 
November 30, 2023

How is paternity established?

There are three main ways in which paternity can be established:

  1. Through marriage. The law assumes that spouses are the parents to a child born during the marriage or up to 300 days after a divorce.1
  2. Signing an acknowledgement of parentage. It can be signed at:
    1. the hospital when the child is born; or
    2. the Rhode Island Center for Vital records if it’s completed after birth.2
  3. Through a court case. A petition to establish parental rights and responsibilities can be filed in the family or superior court.3 The petitioner must provide the court with the Social Security number of the person who s/he believes is the father. If paternity is established, the court will share that information with the Office of Child Support Services.4 The petition can be filed by:
    • the child;
    • the person who gave birth;
    • the person whose parentage is being decided;
    • the Office of Child Support Services; or
    • a representative authorized by law.5

1 RI Gen. Laws § 15-8.1-401
2 Rhode Island Office of Child Support Services website
3 RI Gen. Laws § 15-8.1-111
4 RI Gen. Laws § 15-8.1-104(c), (e)
5 RI Gen. Laws § 15-8.1-105

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