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He additionally acted as the father, a concept known as parentage by estoppel. If either parent is unwilling to sign a Voluntary Declaration of Paternity, you will need to get a court-ordered paternity test. What to Know About Paternity LAw. No matter what your connection to a paternity case may be, it is important that you have quality legal representation behind you from the start. Paternity & DCSS Cases | San Diego Family Lawyer Joshua R. Mason. Our attorneys are committed, experienced San Diego divorce lawyers who offer complete family law services to their clients. It is in your best interest to speak with an experienced attorney who can help guide you through this difficult process. Additionally, unreimbursed healthcare expenses such as co-pays, prescription medications for a child, counseling, and orthodontics are all shared equally between the parties under the law.

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There are several ways to establish your rights as a parent in the eyes of the court. Backed By 35+ Years Of Experience. The courts will infiltrate support, custody and visitation orders after parentage is established. The Law Offices of Beatrice L. Snider, APC has experience in representing clients in paternity cases brought by both mothers and fathers. Parentage usually must be established before child support or child custody orders can be obtained. Paternity case lawyer san diego business. If paternity is denied by either party, both may be ordered by court to undergo paternity testing to establish who is or is not the biological father of the child for the purpose of custody, support, and visitation rights. There are court fees to file your Petition and the Request for Order, unless you qualify for a fee waiver. Every child has a biological father, but in some cases, there may be additional steps a parent needs to take in order to be recognized as the legal father of a child. DNA tests may also not provide conclusive proof that a person is or is not the father, and the court will be faced with a difficult task of how to proceed based on the inconclusive test. If you and your unwed partner separate, you will not be eligible to petition for child custody, visitation, or any other parental rights until you have proven that you are, in fact, the child's father. The courts indicate that when a child is born of a married couple, the question of paternity does not arise because the married couple is recognized as the legal parents. We handle all paternity and divorce cases with the discretion and confidentiality our clients deserve, and if you hire our firm, we will do everything in our power to help you get the outcome you are hoping for in your paternity case.

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It should also be noted that parental presumption does not apply to parents who have voluntarily given up their parental rights, or a parent previously deemed unfit. Parentage or paternity law can be complex; however, with an experienced family lawyer, it becomes easier to understand each case on its merit. Paternity Rights Lawyers | San Diego. There may be no father named, or it might be the incorrect father. A voluntary declaration is always the easiest way to determine paternity. We are committed to serving a diverse clientele, all the while protecting the interests and fulfilling the needs of clients. Instead, it must be established legally through a San Diego paternity action, which requires immediate intervention by a knowledgeable San Diego family law attorney.

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One of the key elements of protecting your rights as a father or mother is establishing paternity. Having legally established paternity is of extreme importance for all parties. 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. In the event of a separation, couples that do not utilize legal counsel from family law attorneys may, unbeknownst to them, make mistakes. These cases can be among the most emotional and contentious. To be specific, the benefits will be revealed through the following: - Inheritance to assets. It's important to establish parentage so the children are cared for. Child Support Laws In California. Determining The Amount of Child Support. Paternity case lawyer san diego ca. For that reason, you want to make sure that you have a qualified attorney on your side that understands this process and will advocate for your interests.

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Jean M. It feels good to have you on our side. It may give him the right to visitation with the children. 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. A child support agency providing certain services to the child's mother. Certified California State Bar Specialist. There are cases in which a male who is not the biological father has been found to be legally the father and obligated to pay child support. Why It Is Important to Establish Paternity. In fact, for unmarried fathers, proving parentage to the court is the only way they can gain the legal right to make important decisions about the care and upbringing of their child, including decisions about the child's health, travel, education and religious upbringing. San Diego Paternity Lawyer –. If during a divorce, the mother of a child claims that her husband is not the child's legal father, establishing paternity through a DNA test can help the father retain his parental rights.

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Under California Family Code Section 7450, there is a legal presumption that if a child is born to parents who are legally married, the wife is the mother and the husband is the father. A man welcomed and accepted a minor into his home. Typically, this is done through DNA testing. If you are a father and you are going through a divorce in San Diego, it may become necessary to establish paternity so you can gain the legal right to have custody of your child, or you may wish to disprove paternity if you believe you have no legal obligations to the child. Once both parties have signed the declaration in the presence of hospital witnesses, hospital staff will forward it to the Department of Child Support Services within twenty days of the date the declaration was signed. Provide health or medical insurance coverage for the minor. More recently, this has been supplanted by the DNA test which is recognized as the accepted scientific standard for the determination of whether a male is the biological father or not. Privately tested DNA results are unacceptable in court in cases of paternity unless the court so requested it. To begin the process, you will need to complete forms that are available through your attorney or online. The ability to be listed on the child's birth certificate. Family court lawyer san diego. Setting Aside a Paternity Judgment in San Diego. Saliva also contains DNA, just like the rest of your body. A mother cannot prevent her child from visitation with the father, especially after a paternity test confirms that he is the biological father.

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Parentage By Estoppel: A court can order a parent, even if not the biological parent, to serve as the legal parent and enter a paternity judgment. To be recognized legally, paternity or parentage needs to be established according to the law. Divorce, in this case, does not deny the father parental rights to the child unless it happened in less than two years allowed, and the biological father had requested the court to allow the paternity test. We can represent you during these alternative dispute resolutions to improve the odds of settling and avoiding an expensive court trial. Using the steps outlined below, you can also ask the judge to set up a custody and visitation schedule so you can establish and maintain a relationship with your child, or children. Lauren Haack Associate. If the parents are in a registered domestic partnership when the child is born, under California's Assembly Bill 205, there is a presumption that both domestic partners are the parents of the child. What is a "putative" father? This is for good reason as often nothing is more important to a parent than his or her relationship with the child as well as that child's health and safety. Every case is different and based on individual facts and circumstances. San Diego family law attorney Anton L. Georghiou is thoroughly experienced in the areas of child custody, child support, and paternity law. Failure to support can lead to both criminal and/or civil penalties.

If the parents are not married when the child is born, the father can claim parentage from a written, signed, legally binding document. At San Diego Divorce Attorney, we are able to help you get the best interests of your child met by helping you establish the paternity of your child. Paternity is a complex legal area, so it is important to work with an experienced attorney. Establishing parentage is the first step toward a child support award, which, in turn, provides children with equal rights and access to benefits, including, but not limited to, social security, health insurance, survivors' benefits, military benefits, and inheritance rights. If you are a mother, establishing paternity is the first step in setting forth a father's legal responsibility to help care for your child, which he may or may not do voluntarily. Child support is intended to pay for the child's housing, food and clothing and other necessary expenses. Contact us today at 619-610-7425 for a free consultation. If you are involved in an active split from your significant other, you may have to petition the courts to allow you to take a paternity test proving your parentage.

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