Whatever your paternity issues are, we can help you. Despite the fact that a man may not be the biological father of a child, and even though genetic DNA testing may conclusively determine that the man is not the biological parent, the court nevertheless has the power to adjudicate the man as the legal father of a child under certain circumstances. An expectation is that the labs performing genetic tests be court approved, or accredited with California agencies designated by the US Department of Health and Human Services. This will lead to the next step –scientific confirmation via DNA or oral swab. Court-Ordered Paternity. Paternity case lawyer san diego free consultation. The right to seek child support from the other parent. In San Diego, there is a Judicial Council Form which is a Judgment and this is often used for paternity cases so that the rights of the unmarried man as the father are clear and recognized by the law in San Diego, California and any other jurisdiction. This man is within his legal right to request a genetic test to be carried out to establish if he truly is the father to the child. Call (619) 550-6738 to arrange a free consultation regarding your parentage concern or any other family law issue.
Paternity can come into dispute when a father's name is not on a child's birth certificate, or when there is some question about whether the correct father's name is listed. A biological parent who has relinquished his or her parental rights will likely need to prove to the court that he or she is now emotionally, financially, and morally fit to be a parent. If a child is born to unmarried parents and the mother decides she wants to give the child up for adoption, the father can claim paternity and refuse to give consent. This representative is the one that presents the best interests of the child to the court. Following service, the manner in which the case progresses depends on whether or not the other parent agrees with paternity. What to Know About Paternity LAw. For this reason, you should consider entrusting these vital custody and visitation issues to attorneys whose intelligence and professionalism make us some of the most respected in the field. It is essential to establish paternity before child support, visitation, or custody is ordered in a court of law. Paternity Rights Lawyers | San Diego. Registrar of births. Resolution of these situations is possible with the help from a skilled family law attorney who has experience in handling parentage cases. California has two primary categories of custody: physical and legal custody. You often hear of women obtaining a paternity test from a man. In California, the courts will make determinations of who a child's legal parents are in cases called "paternity cases" or "parentage cases. "
Contact us for more information about your case and for a free consultation. If either parent is unwilling to sign a Voluntary Declaration of Paternity, you will need to get a court-ordered paternity test. For these reasons, our child custody and visitation attorneys do everything in their power to help you to realize your custody/visitation goals. For court-ordered paternity tests in California, the courts will not accept privately conducted DNA tests, or at-home paternity tests. In these cases, the issue would not be whether the person is the biological parent, but whether he or she agreed to become a legal parent. Understanding Paternity in California. I would absolutely recommend this firm! That said, while generally anyone can be involved in a child's upbringing, being deemed a legal father or mother means that you have specific rights as well as certain obligations. Paternity case lawyer san diego comic. Paternity suits can be complex. Our paternity case lawyers have specialized experienced in this area of family law.
As it is with all family law cases, it's a good idea to get the process moving sooner rather than later. Signing a voluntary Declaration of Paternity. If the parent agrees, you will need to file additional paperwork. California Family Code § 7570. Finally, the father benefits by receiving parental rights such as custody and visitation, enabling him to be a part of his child's life.
Therefore, parentage must be established through the proper legal channels. Pursuant to Family Code Section 7650, a petition may be brought by either parent, or any "interested person" to establish a parental relationship. Why It Is Important to Establish Paternity. If your paternity is in question, or your child custody or visitation rights are at risk in a San Diego divorce or separation, do not hesitate to seek legal help. If later the biological father petitions for paternity, he may be recognized as the biological father but not the legal father. The court has to order (absent extreme circumstances) that both parties share these expenses equally. Whether your need is to raise the support you receive or lower the support you provide, a Tot Law, APC Child Support attorney will present your absolute best case in court so that an appropriate child support order can be issued. Equally, a husband that doubts the paternity of a child has two years from when they discovered to investigate. If these genetic characteristics are not found in the putative father, he cannot be named as the biological father. Pursuant to Family Code 7648, if the court finds that the conclusions of the experts (i. Willmore Law Firm | San Diego | Understanding Paternity Laws. e. DNA experts) indicate that the previously adjudicated father is not in fact the biological parent, and even though a motion is brought properly under the Family Code and within the requisite time frame to bring such a motion to set aside, the court can deny the motion to set aside or vacate the judgment establishing paternity if it is in the best interests of the child. Paternity suits can arise when there is uncertainty or a disagreement regarding the identity of a child's father. Paternity actions may also be raised after the child is older to help pay for things like schooling, food, clothes, or any other necessities in life. In such cases, among many others, a parent may need guidance on establishing the paternity of a minor. How a Family Law Attorney Can Help You.
In some cases, a man will use a paternity action to establish fatherhood for the purpose of obtaining custody and visitation rights. Paternity Actions in San Diego County. You cannot serve the papers. San Diego Paternity Law. Custody lawyer san diego. If you are a father or mother in need of assistance with child custody or parenting time, reach out to our parental rights attorney in San Diego today to speak to a skilled and experienced attorney. How Does Establishing Paternity Benefit a Child?
This office has extensive experience with DCSS and can help you modify your support with them or help you defend a support request that you have been served with by the County.
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