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In cases where a parent contests parentage, the matter will go to court. Family law involves domestic relations as they pertain to legal issues, including California law and child welfare. At Contreras Law Firm in San Diego, our lawyers represent clients on all sides of paternity cases. At San Diego Family Law Attorney, we understand that matters involving custody, visitation, and support payments can be complicated and we are dedicated to helping you achieve optimum results. To do this, the court will order the woman to prove that the biological parent intended for the woman to be a parent to the child as well. Sometimes, the court can issue paternity rights to more than two parents. It may also lead to his responsibility to pay child support. Further, for married couples, paternity does not need to be pursued through a court process even if the marriage is later declared invalid. Contact a Seasoned San Diego Paternity Attorney.
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What is the Legal Importance of Paternity? We are committed to serving a diverse clientele, all the while protecting the interests and fulfilling the needs of clients. San Diego Family Lawyers. Starting a Paternity Case. The presumptions of paternity as they apply to married couples are the same in same-sex couples or those in registered domestic partnerships.
Also, you cannot withdraw if there is an ongoing trial regarding your paternity, child custody, or any other court matter involving your child. There are many ways in which one can establish paternity. Our paternity case lawyers have specialized experienced in this area of family law. 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 child will primarily live with the custodial parent and spend a certain amount of time—either supervised or unsupervised—with the non-custodial parent. Paying the fees for the lawyers of either party. Why Establishing Paternity Is Important. In some cases, a man will use a paternity action to establish fatherhood for the purpose of obtaining custody and visitation rights. When two people are married to each other when a child is born, the law presumes that the couple are the legal parents of the child, and so paternity/parentage is automatically established. We are also prepared to bring these issues before a family court judge if necessary. As mentioned, there are certain legal rights and responsibilities that come with a parentage determination. Paternity cases can be complex and fraught with emotion, it is important to consult with an experienced family law attorney regarding your paternity action. It should be noted the Court seals files in paternity cases.
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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. A mother may petition the court to have the father share in the expenses related to pregnancy and childbirth, and the court will often order reimbursement for those expenses if they exist. The court aims to have both parents involved in decisions relating to the child(ren) as long as they are capable of using good judgment in the child(ren)'s best interest. This is the case in child custody and move away and child relocation determinations and it is also the case in paternity disputes, where the child has the potential to benefit from knowing who his or her father is and having the parentage legally established by the court. Nancy J. Bickford is the only attorney in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Karie was recently ranked by the National Association of Distinguished Counsel in the "Top 1% of Attorneys in the Nation. It's only through a successful paternity suit that a father who may have voluntarily refused to support their child may be obligated to do so. Why Don't Parents Who Are Married Have To File A Paternity Action?
Seek Legal Representation with a San Diego Litigation and Paternity Lawyer. There are several ways to establish your rights as a parent in the eyes of the court. If paternity is not established voluntarily, a local child support agency may bring an action to establish paternity. Paternity is interchangeably used with parentage in California or parental relationship. If there is a dissolution matter pending, a judgment of paternity can be established in conjunction with the dissolution of marriage, without the need for the filing of a separate action. Establishing paternity is not always about the financial benefits to a child. Every child in San Diego has the right to know who his or her parents are, and every father has the right to be involved in his child's life and upbringing, and when your identity as the father of your child is disputed, it can be helpful to have an experienced family law attorney in your corner who can protect your rights and guide you through the legal process of establishing parentage. With years of experience, there are few situations in California family courts that we have not dealt with. In everything that we do, we put our clients first.
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Rubbing a sterilized cotton swab on the inside of a person's mouth is a way of harvesting one's DNA. Instead, it must be established legally through a San Diego paternity action, which requires immediate intervention by a knowledgeable San Diego family law attorney. As a father or a mother, you have a legal right to spend time with your child. For divorcing fathers, there is a legal assumption of paternity. Petitioning for child custody. Our highly experienced San Diego family law attorneys know how to handle many kinds of cases, including complicated legal matters and cases that other law firms turn down. Establishing Paternity in San Diego, CA. The child's biological mother. If so, call a San Diego paternity lawyer at Sachdev Legal Group, APC for help with your case.
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Our Seattle fathers' rights lawyers can help you protect your rights and your child's best interests. DNA-testing methods include a swab test and blood test. Call (619) 550-6738 to arrange a free consultation regarding your parentage concern or any other family law issue. Right to obtain social security, veteran's benefit, and any military grants if available.
Finally, the code states, "knowing one's father is important to a child's development. " During a family legal matter, experienced legal counsel in your corner can make a large difference. If this is not possible, you can establish paternity in California by co-signing a voluntary Declaration of Paternity or later petition the courts to have your name added to your child's birth certificate. This will give you the peace of mind of knowing that your case is being handled correctly. Reputation of excellence.
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In cases where the paternity involves more than one parent, the responsibilities and privileges to the child are shared amongst them as well. Should the alleged father miss this window, the husband to the woman automatically becomes the legal father to the child. Paternity actions may be brought by: - Any male who believes he is the father of the child. Note that for same-sex couples the process is more complicated. Eligibility to father's death benefits or social security.
How Do Family Attorneys Help? If the divorce happened past two years and the biological father had not raised a petition, the legal father has a right to request physical custody, whether solely or jointly with his ex-wife. If a child is born during a marriage and the husband is concerned that he may not be the biological father, he has two years from the birth of the child to raise issues of paternity in California courts. Circumstances Where Paternity is Presumed. If not, we will direct you to someone who can help.
The declaration must then be notarized and then filed with the California Department of Child Support Services. Do not risk your child's future on a less experienced firm. This guideline calculation is used by the courts in 999 out of 1000 cases (the court has the authority to "deviate" from the guideline amount in very special circumstances. ) We are compassionate attorneys who help individuals and families get through difficult times. In fact, California allows for paternity actions to be filed with the court in order to establish paternity. Similarly, paternity is also significant to the child's mother. Court Order to Establish Parentage.
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