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To do this, the attorney must demonstrate special proficiency in family law by gaining additional education and experience in this field. Many times a biological parent cannot provide adequate care for the child(ren) because they are unable, unwilling, or unfit. If parties were not married at the time of the birth of a child in California, it is important to obtain a judgment of paternity. Paternity in most cases is established through genetic blood tests that provide 99 percent accuracy. Paternity issues arise as a result of an unmarried (or not legally married) couple's child. Parenting is complicated even when parents are on the same page. Give us a call at (619) 431-4523 or submit an online request form to schedule your initial consultation. Contact our San Diego law office today at (858) 328-4400 to schedule a consultation. Our experienced family lawyers in San Diego assist with every aspect of family law cases, while providing valuable legal advice. DNA Testing to Establish Parentage. Experienced San Diego Paternity Lawyer.

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A paternity action may also involve a party's request to change the legal name of the minor child and/or obtain reimbursement for pregnancy costs. If no response is filed, the person filing the case (the petitioner) may file a Request for Default to move forward in the case without the respondent. Not just any genetic test is acceptable as conclusive or admissible as evidence in court. If a party refuses to submit to DNA testing, the judge may consider this evidence of parentage. Come in and see us for a free consultation today so that we may assess your case and determine whether we can help you too! Jean M. It feels good to have you on our side. There may be no father named, or it might be the incorrect father. If you are seeking to establish child support or to defend against a support action, call The Law Office Of Anton L. Georghiou for a free consultation. Not all cases move to the court phase, but in the event that litigation is required, our attorneys have the experience necessary to navigate the case from the first phase to the court phase. Our attorneys have substantial experience in paternity cases and other family law matters. In this case, either the child's parents or the court have determined who the legal father is, giving him both parental rights and responsibilities. Parents in San Diego share equal responsibility in supporting and caring for their children under the law, and a man legally established as a child's father will be responsible for his share of support and responsibility in raising the child. The benefits of an established paternity go beyond the legal aspects.

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If this is your factual situation, please contact our office for a complimentary virtual consultation as time is of the essence in the filing of these motions. Childcare expenses necessary for a parent to work or attend job training is shared equally between the parents under California law, regardless of which parent's custody the child is in when they spend time with a childcare provider. Our San Diego parental rights attorney at Gordon D. Cruse, APLC can help you understand and assert your legal rights. In doing so, we keep you fully informed and understanding of what is occurring in your case, advise you of all of your options as well as the advantages and disadvantages of each, and fight to get you what you want and deserve in terms of money, custody, support, and everything else at stake during these proceedings. Call us at (858) 486-9200 or use our contact form. In instances where one parent abandons the child or is unwilling or unable to take custody, the other parent is entitled to sole custody. It is not the mother's sole financial obligation to bring a child into this world. The exceptional training and additional experience of a CFLS can also yield better case results than an ordinary attorney.

Establishing Paternity for the Child. 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. A man who believes he is the father, also known as the alleged or putative father. In deciding whether to set aside the declaration, the court will consider the best interest of the child. San Diego Family Law Legal Resources. If you are concerned about child custody or parenting time, or the mother of your child has threatened to not allow you to see your child, reach out to Gordon D. Cruse, APLC as soon as possible. If you have been determined to be the father of a child, then you are entitled to petition for visitation and custody rights. In San Diego, California [rather than using the above Judgment of Paternity] many males use the voluntary declaration of paternity. There are two basic ways to establish paternity, either voluntarily or by court order. Boyd Law offers several family law dispute solutions. This is assuming that the parent is capable to act as guardian and willing to do so. After that, the father and mother, if they agree, they sign the form acknowledging to be the parents. The easiest way to establish paternity is for both parents to sign a Voluntary Declaration of Paternity.

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It is extremely important that both parties take these matters seriously. Additionally, the parent will be expected to share other costs should the custodial parent find work or go back to school. It should be noted the Court seals files in paternity cases. In California, parental presumption means that custody should be granted to a fit biological parent rather than another person who may have a vested interest in the child. 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. The court will weigh all the different factors very carefully before ordering a child to leave the care of the only parent he or she has ever known. The family law attorneys at The Willmore Law Firm will work hard to protect your rights, your reputation and your family. And as such, it has helped in minimizing the number of passionately induced paternity trials. Sometimes a mother makes a motion for paternity and the father agrees. Your attorney will help you file a petition with the court and serve a summons to the other party, requiring them to respond to the petition. In California, child custody involves legal custody and physical custody. If not established, the parents have the right to request a paternity test to establish the identity of the biological father.

Such cases must be filed in the child's county of residence. These divorce attorneys can guide people through each step of the way, including helping a father establish paternity in order to facilitate a child custody arrangement. There are very specific rules allowing for paternity judgments to be set aside, or voided. Having an attorney to assist you can speed the process along. First of all, the court will look at what's in the best interests of the child.

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There are many reasons why you may want to establish paternity. We can also help mothers who wish to obtain a court ordered paternity test. Here at Tot Law, APC, our attorneys represent you in every aspect of your case. With that in mind, having an attorney involved in your case will help ensure that any DNA testing performed complies with the law. Having both parents' names on the child's birth certificate. Furthermore, in California, if the child's parents are married when he or she is born, the law presumes the husband is the father and the wife is the mother. Establishing a Parental Relationship Under A Parentage Action. The type of custody agreement that will be in place going forward. There are cases where a man wants the rights of a child. The declaration must then be notarized and then filed with the California Department of Child Support Services.

Working closely with an experienced family law attorney will ensure the protection of your rights as well as your child's best interest in this situation. How to Establish a Parental Relationship in Court.

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