Paternity concerns the legal relationship of the father of a child and involves determining the biological father of the child. Paternity issues arise as a result of an unmarried (or not legally married) couple’s child. In California there is a legal presumption that the child of a married couple is their child. On the other hand, the name of the parents on the birth certificate does not assure that those so named are the parents. Paternity concerns the following:
- Unmarried parents who have a child
- Whether the assumed father is the actual father
If a parent wants to establish paternity, a paternity action must be filed. This will lead to the next step –scientific confirmation via DNA or oral swab.
Why a Paternity Action May Be Desired
Paternity involves issues related to the father and the child:
- Child custody
- Visitation rights
- Child Support
- Well-being of the child
- Inheritance
- Adoption
Unmarried parents may voluntarily opt for a paternity test after the birth of the child by signing A Voluntary Declaration of Paternity. If they do not agree, the court may order the genetic test. The consequences for refusing the test: the court has the power to determine paternity. The court can also establish child custody, support and visitation rights.
Domestic Partners and Paternity:
Registered domestic partners are assumed by law to be the parents of their children. Because this may be relatively untested in the courts, however, it is wise to obtain legal advice from a qualified family lawyer.
A Complimentary Phone Consultation
Paternity issues can be emotionally and financially difficult. Whatever your paternity issues are, we can help you. We provide the help that is needed for males who wish to prove their parentage. We can also help mothers who wish to obtain a court ordered paternity test. Additionally, we provide the professional expertise to help you evaluate the other issues that may be relevant to you, including child support, child custody, visitation rights and others. Our attorneys are committed, experienced San Diego divorce lawyers who offer complete family law services to their clients. We strive to resolve issues in the most peaceful and least confrontational manner; however, if it is necessary we will not hesitate to take your case to court. For a Complimentary phone consultation with a Neumann Family Law, APC San Diego Family Law Attorney, call us at (619) 282-1107, or (760) 480-8400.
