PARENTAGE ATTORNEYS
IN CALIFORNIA
Modern Family Law's compassionate California parentage lawyers specialize in assisting individuals with legal issues related to paternity, custody, and child support. Our attorneys are experts in family law and work to help parents resolve disputes that arise in the context of parent-child relationships.
In California, the parentage laws are designed to protect the rights of both parents and children. These laws govern issues such as establishing paternity, determining custody and visitation, and setting child support orders. Whether you are a mother seeking to establish paternity and obtain child support from the child's father, or a father seeking custody or visitation rights, a parentage lawyer can help you navigate the complex legal system in California. Learn about all aspects of paternity in California below, including:
Our experienced California parentage attorneys understand that no case is the same. We encourage you to reach out and share the details of your case with them so they can provide you with the guidance you need. Our California parentage lawyers can help ensure that your rights and the best interests of your child are protected. Contact us today!
WHAT DOES IT MEAN TO ESTABLISH
PARENTAGE IN CALIFORNIA?
Establishing parentage in California means legally determining who the parents of a child are. This process is also commonly referred to as establishing paternity.
When a child is born to married parents, the law presumes that the husband is the father of the child. However, when a child is born to unmarried parents, parentage must be established through a legal process.
In California, there are several ways to establish parentage. The most common way is through a voluntary declaration of paternity. This is a legal document signed by both parents that acknowledges the man as the biological father of the child.
If the parents are unable to agree on paternity, either parent can file a court case to establish parentage. Genetic testing may be ordered to determine the biological relationship between the alleged father and child. Once paternity is established, the court can then make orders for child support, custody, and visitation.
HOW TO ESTABLISH
PARENTAGE IN CALIFORNIA
In California, parentage can be established in several ways, including:
1. Voluntary Declaration of Paternity: This is a form that both parents can sign at the hospital or later on. It acknowledges the man as the biological father of the child. Once signed, it becomes a legal finding of paternity and has the same effect as a court order.
2. Court Order: Either parent can file a court case to establish parentage. Genetic testing may be ordered to determine the biological relationship between the alleged father and child. If the court determines that the man is the biological father, it will issue an order establishing paternity.
3. Default Judgement: If the alleged father fails to respond to a court case to establish paternity, the court may issue a default judgment, which establishes the man as the legal father of the child.
It's important to note that establishing parentage is a legal process that should be done with the help of an attorney. An attorney can help you understand your rights and obligations under the law and guide you through the process. Additionally, the court can order child support, custody, and visitation once paternity is established, and an attorney can help you navigate these issues as well.
WHAT ARE THE REASONS FOR
ESTABLISHING PARENTAGE IN CALIFORNIA?
Establishing paternity in California provides a number of benefits for both the father and the child. Some of these benefits include:
- Legal Recognition: Establishing paternity legally recognizes the father as the legal parent of the child, giving him certain rights and responsibilities, such as the right to seek custody or visitation, and the responsibility to financially support the child.
- Medical Information: Knowing and having access to the father’s medical history can be important for the child’s health, as certain medical conditions or genetic disorders may be inherited.
- Emotional Benefits: Establishing paternity can provide the child with a sense of identity and connection to their father and his family.
- Access to Benefits: The child may be eligible for certain benefits, such as social security, veterans’ benefits, or life insurance if the father is listed on the birth certificate.
- Closure: Establishing paternity can also provide closure for both the father and the child, by officially acknowledging their relationship and resolving any doubts or uncertainty.
WHAT OUR CLIENTS SAY ABOUT OUR
EXPERIENCED PARENTAGE LAWYERS IN CALIFORNIA
FREQUENTLY ASKED QUESTIONS ABOUT
PARENTAGE IN CALIFORNIA
What Is Presumed Parentage In California?
Presumed parentage in California is a legal concept that establishes a person as a child’s parent based on certain legal presumptions. Under California law, there are several situations where a person is presumed to be the legal parent of a child, even in the absence of genetic or biological ties.
For example, if a child is born to a married couple, the law presumes that the husband is the father of the child. This presumption can be overcome with evidence that someone else is the biological father.
Additionally, if a man and woman attempt to get married but the marriage is invalid, the law may still presume the man to be the father of a child born during the relationship. Similarly, if a man has openly held himself out as a child’s father and has established a parental relationship with the child, the law may presume him to be the legal parent.
Presumed parentage has significant legal implications, including the right to seek child custody and visitation, the obligation to pay child support, and the ability to make important decisions regarding the child’s upbringing.
What Test Is Used To Determine Parentage?
To determine biological parentage, genetic testing is performed by comparing the DNA markers of the mother, the alleged father, and the child. Instead of blood testing, the Buccal Swab method is now used to collect the DNA required for genetic testing. This method is painless and involves a laboratory technician gently swabbing the inside of the mouth to collect buccal cells. The DNA is then extracted from these cells, rather than blood cells. The results are just as accurate and efficient as a blood test, but less invasive as it does not involve any needles.
How Long Does A Father Have To Establish Paternity?
In California, there is no time limit for a father to establish his paternity. If there is any uncertainty about a child’s parentage, the court can order a blood test to determine paternity within two years of the child’s birth. Unmarried fathers have the right to seek child custody and visitation until their child reaches 18 years of age. Additionally, a father can file a petition to establish his paternity up to three years after the child has turned 18 years old.
OUR CALIFORNIA CHILD CUSTODY LOCATIONS
CONTACT US
One of our compassionate team members will review your information and will reach out to you as soon as possible during our regular business hours:
Monday – Friday: 8 AM – 5 PM
Saturday- Sunday: Closed
If you have contacted us during our regular business hours give us a call to speak with us now. If you have contacted us after hours or on the weekend you can expect us to reach out on the morning of our next available business day. Thank you for your interest!