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Why Is It Important to Establish Parentage of a Child? With that in mind, you may also choose to initiate your own case by filling out all appropriate forms. When establishing parentage, California family courts will look at the following factors: - Whether the man in question was wedded to the mother of the child at the time of conception or birth (or thought he was married to the mother, in cases when the marriage was later invalidated). Why a Paternity Action May Be Desired. Our experienced paternity case lawyer in San Diego can help you determine when and how to move forward.
While there is a common misconception that mothers have a greater right to receive custody of a child, California law works to provide both parents the same right to custody and parenting time (visitation). When a mother wants to receive child support, welfare, or any other benefits, genetic testing is mandatory. In most cases, paternity cases to the court begin when the mother requests the court for child support, child custody, and visitation. With years of experience, there are few situations in California family courts that we have not dealt with. Such a father has parental rights, which includes custody rights of the child. A man welcomed and accepted a minor into his home. Factors the court will consider include the age of the child, the number of years the child has used the current name, each parent's level of involvement with the child and any other factors that would be in the best interests of the child. Even when one parent refuses to be part of the minor's life or support the child, the benefits of determining paternity goes beyond finances. Contact Us Online or call us at 858-312-8500 in Southern California. Contact JWB Family Law for information on how we can help you start a paternity action in San Diego County. Call now if you share a child with another person to whom you were never married for a free assessment of your Custody and Visitation.
How Do Our Family Attorneys Help Our Clients? An example would be if the father was already married at the time. When a couple in San Diego is married and a child is conceived during the marriage, the law usually recognizes the husband to be the child's legal father, even if he is not the child's biological father. Once the papers are served personally upon the respondent, they have thirty days from that date to file a response. 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.
Our lawyers can also help you deny paternity if you have solid reasons to do so. Artificial Insemination: If a woman is artificially inseminated with a man's sperm, with his written consent, the donor can be established as the legal father. Another parent may be suffering psychologically because they have been denied rights to a child they believe to be theirs. For further information regarding filing a paternity petition, setting aside a paternity judgment, or to discuss the consequences or ramifications of a paternity suit, we invite you to schedule a confidential consultation with an experienced San Diego paternity attorney by calling us at 619-284-4113, e-mailing us, visiting us, or filling out our intake form on our Contact Us page. A parent's ability to dispute paternity will mainly be determined by whether it has been legally established to begin with. For these reasons, our child custody and visitation attorneys do everything in their power to help you to realize your custody/visitation goals. In some cases, however, paternity is not always easy to establish. We have what it takes to help you with any family law issue. Is Paternity Established if the Father is Listed on the Birth Certificate? Probate law and litigation. If you are seeking visitation or custody rights to your child, it is best to work through the paternity process with the help of a paternity lawyer near you. When the court requests the parents to take a DNA test, it provides them with the information they require to have the tests performed.
The assistance of an extremely qualified lawyer can help you see solutions that you may not have otherwise considered. The father receives the child into his home, responsively takes care of the child, and openly holds the child as his own. A person that is established to be a mother or a father to a minor, she or he will assume the same responsibilities and rights to the child as the other parent. Only after parentage is established can the father seek custody rights. In this case, the man in question would not have any parental rights, even if he were to accept the child into his home and openly hold out the child as his biological child. As family law experts we have been approached by potential clients over the years wanting to know whether a "paternity" judgment can be "set aside", meaning that the court will simply "undo" a paternity judgment previously entered. Establishing paternity is important for both you and your children.