Custody

There are four main ways to establish paternity:

1. Marriage- Paternity is automatically established if parents are married when their child is conceived or born. The law assumes the mother’s spouse is the child’s legal parent. The parents don’t have to take extra steps unless they want someone else to be the legal father.¹ However, if the parents marry after their child is born, they need to file an acknowledgment of paternity unless they already filed one before getting married.²
2. Acknowledgment of paternity- An “acknowledgment of paternity” is an official form parents can use to agree that someone is a child’s father.³ It is also called an “affidavit of paternity.”⁴ Both parents need to sign the form in front of a notary.⁵ This can be done at the hospital or birthing center when the child is born or later at another location. The signed form must be filed with the Department of Health, Office of Vital Statistics within 30 days.⁶
3. Court case- Paternity can be decided in court.⁷ If there is disagreement about who the father is, the judge will order a DNA test (genetic testing) to confirm the biological father.⁸ A paternity case can be started by:

• the child’s mother;
• a man claiming to be the child’s father; or
• someone else with legal custody of the child (legal custodian).⁸

4. Administrative process- The government’s Paternity and Child Support Division can help establish paternity. The child’s mother, father, or legal custodian can apply for paternity and child support services. Or, if the child receives public assistance, the case may be referred automatically for these services.⁹

¹ 19 V.I.C. § 833(a)
² 16 V.I.C. § 296; 19 V.I.C. § 833(b)
³ 16 V.I.C. § 292(a)
⁴ 16 V.I.C. § 291(b)
⁵ 16 V.I.C. § 292(a)(4)
⁶ 16 V.I.C. § 292(b), (c)
⁷ 16 V.I.C. § 293
⁸ 16 V.I.C. § 293(f)
⁹ 16 V.I.C. § 293(a)
¹⁰ 16 V.I.C. § 293; Department of Justice’s Paternity and Child Support website